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BOOK

IV, TITLE I: OBLIGATIONS Natural : cannot be enforced in court no


Chapter 1 : General Provisions juridical tie
Three types of Obligations
INTRODUCTION 1. Civil
Obligation basic and alphabet of law 2. Natural voluntary fulfillment converts the
Only the law that governs you from the natural obligation to a natural one.
moment youre conceived until your death 3. Moral cannot be enforced against a debtor
Etymology: oble (around) + gale (tie) = to tie it for non-fulfillment (alms for the poor
around Voluntary fulfillment if natural, there is VF that
Bind one for the performance of a thing tells you that you have the right to retain what is
legal fiction of atie received. The voluntary fulfillment creates a new
ARTICLE 1156 civil obligationnegative CO that a debtor MAY
NOT recover what he has voluntarily fulfilled.

If moral obligation with a voluntary
Obligation leads you to a conclusion that
fulfillment, debtor will have a prestation
covers the concepts of obligation defined and
NOT TO GET BACK
covered in the CC
Art. 1106 Prescription
Does it cover ALL types of obligations? NO. Mode to acquire and lose
There should be a juridical necessity it only Mode of acquiring and/or losing
refers to civil obligations ownership and right of action through the
Art. 1423 Natural Obligations lapse of time
The Civil code defines and govern 2 types of Acquisitive Acquiring
obligation: civil and natural Extinctive Losing thru lapse of time
Moral obligations are implied in our system Article 1144 : 10 years
Distinctions of Civil & Natural Obligations o Written contract
1. SOURCE o Obli created by law
Civil: positive law to be valid, it should be o Judgment
proven that it is based on natural law/moral Article 1145: 6 years
law. o Oral contract
Natural law becomes positive when o Quasi-contract
legislated becomes a formal law Article 1146: 4 years
Must be rooted on natural law o Injury to the rights of the plaintiff
May be from the Constitution, Congress o Quasi-delict
enactments, Exec Branch, ordinances of Article 1147: 1 year
LGU, jurisprudence o Forcible entry and detainer
Once they are echoing natural law and o Defamation
part of the book it is not positive law If the creditor acquires a right, ascertain
Natural: Equity and natural law we all have the period if not used, extinctive
this. prescription, it converts a civil obligation
the law of conscience to a NATURAL OBLIGATION. if there is a
basic principles of what is fair and just voluntary fulfillment of a debtor of natural
the golden rule (UN in NY) obligation, it is now a civil obligation on
2. ENFORCEMENT IN COURTS OF LAW the part of the debtor to not get back.
Civil: There is a juridical tie and enforceable in
Art. 1425 pag may utang ka, kahit sino pwede
court positive law bayaran. Pag nabayaran, extinguished na. Consent of
Cause of Action can bring an issue to court, debtor not needed. Required: creditor agrees debt
is there a basis in positive law? If none and extinguished. New civil obligation to the 3rd party to
just moral, cannot go to court. PAY BACK or else there is unjust enrichment.
JTVS | Obligations & Contracts | 1M | Dean Ulpiano Sarmiento 1
*THESE SOURCES ARE EXCLUSIVE
FOUR ESSENTIAL REQUISITES OF AN OBLIGATION: This gives the tie the cause of action
1. Passive subject debtor- obligor may be Sagrado Orden de Predicadores vs. Nacoco
compelled to perform the prestation establishes that the sources are exclsuive
Capacity to act
Minors not allowed unless assisted by ARTICLE 1158 : LAW
guardians or parents An obligation that arises from law is NEVER
Purchase of necessities PRESUMED
If no capacity, voidable contract Expressly provided in the Code or Special Laws
Persons without capacity to act is not a If the Law is ambiguous susceptible to two
debtor unless represented by the or more interpretations
guardian Law appears to create an obligation but not so
2. Active subject- creditor- obligee party who CONSTRUE AGAINS THE OBLIGATION -
has right to compel NEVER EVER PRESUME!!!!
Legal capacity/ juridical capacity If unclear, NONE!
Natural-born or naturalized, juridical or Only those expressly provided
artificial EG: Legistlation passed expanding the support
Even an unborn child can be a done to a of elder brother to younger brother, may
contract of donation younger sister demand support? NO! Not
Corporations : juridical entity is established presumed ; strict construction.
now capable of entering a contract upon the Governed by the precepts of Law
birth of corporation If you establish the existence of law, that law
3. Prestation object of obligation to give to provides the how, if none, the laws on
do or not to do Obligations and Contract will govern
Requirements: supplemental to any field of law
o Determined or at least
determinable ARTICLE 1159 : CONTRACTS
o Possible to perform
Stipulations agreed by the parties
o Not contrary to law, GC,M,PP,PO
Good faith essential to a valid contract
o Suscpetible of Money value
This is the actual source of the tie
Pecuniary value : death damages , need to
establish this may be of sentimental value If one fails to comply or declines to pursue, it
4. Juridical tie vinculum can be a cause of action for liability for
damages
if there is inequity, there is a cause of
Art. 1305: meeting of mind between to persons
action.
where one binds himself with respect to the other to
Juridical tie is the most important because
give, to do, or not to do.
it distinguishes a civil obligation from that
not all contracts are agreements and vice
of a natural or moral
versa
Legal tie that binds
the agreements may bring the tie if
If not in any of Art. 1157, NO JURIDICAL TIE
none, no cause of action
What to look to know that there is an not always expressed
obligation Obligations from contracts MAY BE IMPLIED

AND PRESUMED
ARTICLE 1157
The basis of an actionable wrong
5 source of obligation : law, contracts ,quasi Agreement Contract? Look at requisites
contracts, acts and omissions punishable by law, Requisites of a Contract:
quasi-delicts 1. Consent meeting of minds
JTVS | Obligations & Contracts | 1M | Dean Ulpiano Sarmiento 2
Creates the tie A. Negotorium Gestio Article 2144
Makes the tie binding Taking charge of management and
When the meeting of minds perfected, administration of a property or
bilateral business that is abandoned or
TWO ELEMENTS OF CONSENT: neglected
a. OFFER Not the owner, he does not have
definite determined prestation will authority ( tactily or expressly)
concur ; the object of the prestation walang pahintulot
Complete ofer must have brought out Pakialamero
ALL aspects that will for the offeree ; just Creates a tie ; prestation
accept or offer There is an Owner/Beneficiary and
b. ACCEPTANCE gestor/officious manager
UNCONDITIONAL if there is at least a Officious excessively forward
slight deviation to an offer, it is not Terminated:
acceptance but creates a new tie -- a 1. Return of the owner
COUNTER OFFER counter proposal no 2. Authorized expressly there is an obligation
juridical tie of contract or agency
This would result to the consent Requisites :
Need not be in writing need not be 1. there is a property or business
expressed 2. abandoned and/or neglected
Juridical exists upon the offer & acceptance 3. taking over of the management or
Art. III, Sec. 10 protects the non-impairment administration without the knowledge of the
of contracts bawal pakialaman ng 3rd party owner
inviolable 4. not have been tacitly or expressly authorized
Article 1306 not contrary to law , good customs, 5. voluntarily does it
morals, public policy, or public order sets the a. Own volition own free will
limitations otherwise VOID b. Knowledge - that he will care fot he
2. Object property for the benefit of the owner
3. Cause RECIPROCAL CONTRACT
One tie, several prestations
ARTICLE 1160 : QUASI CONTRACTS Prestations:
The provision tells you nothing 1. TO DO officious manager is passive ;
Leads you to Art. 2142-2175 beneficiary is active
Defn: certain lawful, voluntary, and unilateral 2. TO GIVE beneficiary is passive; officious
acts manager is active
Objective: integrating the natural law to Officious manager may initiate a cause of
positive law action for reasonable compensation.
If QC is not in NCC there will be no cause of
action B. SOLUTIO INDEBITI Art. 2154
Why QC? B/c it is semi, it is like but not Requisites:
entirely it is like a contract but not the same 1. Something is delivered
CONTRACTS QUASI-CONTRACTS 2. No right to receive it
Lawful Lawful 3. There is a mistake
Voluntary voluntary Spouses Javier v. CA : look for this case L
Bilateral offer and Unilateral one only
accept C. INNOMINATE CONTRACTS- Articles2164-2175
Do ut des

JTVS | Obligations & Contracts | 1M | Dean Ulpiano Sarmiento 3


Do ut facias culpa aquiliana- quasi delict
Facio ut facias
Facio ut des
Examples :
2164 support given by a stranger
2165 funeral expenses borne by a third
person without knowledge of relatives
2166 support orphan, insane, indigent
2167 accident, injured, ill, treatment
victim not in a position to give his consent
2168 fire flood storm or other calamity
property destructed but saved by another
2169 government, upon failure of person
to comply with health and afety
regulations , undertakes necessary work
2170- accident or fortituous event
movable separately co-owners
2173 a third person, without knowledge
of debtor, pays debt

ARTICLE 1161 : ACTS/OMISSIONS
those that are punishable by law
established that the crime is what is described
know the elements of the crimes
Art. 100 crim liable is civ liable
Crim penalty & fine
Civ Art. 104-106 RPC- Restitution,
Reparation, Indemnification
Can commit a crime but only civilly liable :
Exempting circum JEMA

ARTICLE 1162: QUASI-DELICT
Requisites:
1. there is an act or omission
2. thru fault or negligence
3. causing damage or injury to another
4. there is a causal connection between fault or
negligence and damage or injury done
DELICT QUASI-DELICT
Unlawful Unlawful
Act or omission Act or omission
Voluntary involuntary
intentional No intention
there is a need of a certain level of prudence
to avoid fault or negligence
culpa criminal criminal negligence act
causing damage
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