Obligations Intro
Obligations Intro
Obligations Intro
Art. 1424. When a right to sue upon a civil obligation has lapsed by
extinctive prescription, the obligor who voluntarily performs the
contract cannot recover what he has delivered or the value of the
service he has rendered.
CIVIL OBLIGATIONS VS NATURAL OBLIGATIONS; EXAMPLE
Sheldon executed a promissory note in favor of Amy for P10, 000 due on
January 5, 2020.
ESSENTIAL REQUISITES OF AN OBLIGATION
Laws
Contracts
Quasi-Contracts
Crimes
Quasi-Delicts
SOURCES OF OBLIGATIONS
Obligations derived from law are not presumed. Only those expressly determined in
this Code or in special laws are demandable, and shall be regulated by the precepts of
the law which establishes them; and as to what has not been foreseen, by the
provisions of this Book.
ARTICLE 1158; EXAMPLE
In a similar case, the Supreme Court held that the giving of legal assistance to the
employee is not a legal obligation. While it might and possibly be regarded as a moral
obligation, it does not at present count with the legal sanction of any man-made law.
If the employer is not legally obliged to give legal assistance to its employee to
provide him with a lawyer, said employee cannot recover from the employer the
amount he paid a lawyer hired by him. (DE LA CRUZ vs. NORTHERN THEATRICAL
ENTERPRISES, 1954)
SOURCE OF OBLIGATIONS; CONTRACTS
Art. 1159. Obligations arising from contracts have the force of law
between the contracting parties and should be complied with in good
faith.
The terms of the contract, however, should not be contrary to LAW,
MORALS, GOOD CUSTOMS, PUBLIC POLICY, or PUBLIC ORDER.
SOURCES OF OBLIGATIONS; QUASI-CONTRACTS
Art. 2144. Whoever voluntarily takes charge of the agency or management of the business or
property of another, without any power from the latter, is obliged to continue the same until the
termination of the affair and its incidents, or to require the person concerned to substitute him, if the
owner is in a position to do so. This juridical relation does not arise in either of these instances:
(1) When the property or business is not neglected or abandoned;
(2) If in fact the manager has been tacitly authorized by the owner.
NEGOTIORUM GESTIO; EXAMPLE
While Gunther was having a vacation in New York, a typhoon hits his
home town in Dumaguete and his house is now in danger. Rachel, her
friendly neighbor, does something urgently necessary to protect the
roofing of Gunther’s house.
SOURCES OF OBLIGATIONS; QUASI-CONTRACTS
ARTICLE 2154. If something is received when there is no right to demand it, and it
was unduly delivered through mistake, the obligation to return it arises. (Payment by
mistake)
SOLUTIO INDEBITI; EXAMPLE
Boy bought goods from Girl Store. The goods cost P2,500. Boy gave
P3,000 to the store cashier and received a change of P700. Boy is duty
bound to return the excess of P200 to the store. Otherwise, he will be
unjustly enriching himself at the expense of Girl Store.
SOURCE OF OBLIGATIONS; CRIMES OR DELICT
The extent of civil liability for damages arising from crimes is governed by the
Revised Penal Code and the Civil Code. This civil liability includes:
(1) Restitution;
(2) Reparation for the damage caused; and
(3) Indemnification for consequential damages.
-Article 104, Revised Penal Code.
CRIMES; EXAMPLE
Steve killed Bill who is the breadwinner of a family. The family incurred
funeral expenses and suffered emotionally. If Steve is found criminally
liable for homicide, he has the following obligations:
(1) to pay damages in the amount of Bill’s lost earnings;
(2) to pay the funeral expenses; and
(3) to pay moral damages to the family members for their suffering.
SOURCE OF OBLIGATION; QUASI-DELICT; REQUISITES
Romeo, a handsome try hard baseball player, was playing baseball outside
Juliet's house. Upon seeing Juliet, Romeo suddenly got excited and hit the
ball so hard that it flew straight to Juliet's window shattering it into
pieces and bounced right into Juliet's face injuring her beloved nose.
SOURCES OF OBLIGATIONS; EXAMPLE