TITLE I, CHAPTER 1 General Provisions (Articles 1156-1162)

TITLE I - OBLIGATIONS
(Articles 1156-1304, New Civil Code)

CHAPTER 1 GENERAL PROVISIONS

(Arts. 1156-1162)

STUDY GUIDE: (10 JULY 2015 Friday)

1. Obligation defined. (Art. 1156)
(a) Explain why an obligation is a juridical necessity.
(b) Distinguish an obligation from a contract
2. Requisites or elements of an obligation:
(a)
(b)
(c)
(d)

Active subject (obligee or creditor)

Passive subject (obligor or debtor)
Object or prestation (subject matter of the obligation)
Juridical or legal tie (vinculum or efficient cause)

3. Distinction between obligation, right and wrong or injury;

Distinction between the following concepts: right of action and accrual
of cause of action.
CASES: Borbe vs. Calalo, G.R. No. 152572, October 5, 2007.
Elido vs. CA, G.R. No. 95441, December 16, 1992.
4. Elements of a legal wrong or injury, or the requisites in order that
a person may acquire a right of action in court against another to enforce
the performance of the latters obligation.
What is damnum absque injuria?

TITLE I, CHAPTER 1 General Provisions (Articles 1156-1162)

CASE: BECC vs. CA, G.R. No. 120639, Sept. 25, 1998, 296 SCRA 260.
5. Kinds of obligations from the viewpoint of subject matter :
Real obligation - obligation to give
(b) Personal obligation
(b.1.) Positive obligation to do (Art. 1167)
(b.2.) Negative obligation not to do (Art. 1168)
(a)

6. Kinds of obligations from the viewpoint of sanction :

Civil obligations the sanction is positive law
(b) Natural obligations the sanction is equity
(c) Moral obligations the sanction is conscience
(a)

7. Sources of obligations : (Art. 1157)

(a)

Law (Art. 1158)

CASE: Pelayo vs. Lauron, G.R. No. L-4089, January 12, 1990
(b)

Contracts (Art. 1159) NOTE: Correlate with Art. 1306

CASE: Prisma Construction and Development Corporation vs.

Menchavez, G.R. No. 160545, March 9, 2010

Quasi-contracts (Art. 1160)

(d) Crimes or delicts (Art. 1161) (See Art. 2142)
(e) Quasi-delicts/torts/culpa-aquiliana (Art. 1162)
quasi-delict defined (Art. 2176)
test of negligence (Art. 1173)
(c)

TITLE I, CHAPTER 1 General Provisions (Articles 1156-1162)

CASE: Umali vs. Bacani, G.R. No. L-40570, January 30, 1976
NOTE: Be able to give examples of obligations arising from each of the
sources under Article 1157.
2 principal kinds of quasi-contracts :
(c)
(d)

Negotiorum Gestio (Art. 2144)

Solutio Indebiti (Art. 2154)

NOTE: Know the requisites.

concept of quantum meruit
CASE: DPWH vs. Quiwa, G.R. No. 183444, February 8, 2012
8. Requisites for quasi-delict.
(a) Act or omission
(b) Fault or negligence
(c) Damage
10.

(d) Causal connection between

fault and damage
(e) No pre-existing contractual
relations

Scope of civil liability arising from crimes :

(a) restitution

(b) reparation

(c) indemnification

APPLICATION/PROBLEMS :
1. Under a building contract, Engr. So agreed to construct the house
of Mr. Rey for 6 months. On the other hand, Mr. Rey agreed to pay Engr.
So P3M after the construction is finished. Point out the elements of the
obligation in this legal scenario.
2. Christian and Carina entered into an agreement. For a
consideration of P200,000.00 to be given by Carina to him, Christian
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TITLE I, CHAPTER 1 General Provisions (Articles 1156-1162)

agreed to attend mass for four consecutive Sundays. Is this obligation

legally enforceable?
3. On November 15, 2014, Derek entered into an agreement with
Caitlyn. Among other things, the parties agreed that: (a) Caitlyn will lend
P100,000.00 to Derek who promises to pay the loan on January 15, 2015;
and, (b) In case of non-payment, Derek will render free service as a
servant to Caitlyn until such time that Derek is able to raise the money
with which to pay his loan to Caitlyn. Is this agreement legally
enforceable?
4. Don, a merchant-farmer, was the owner of a ten-hectare land
planted to lanzones. On April 1, 2015, Don left for a pleasure trip to the
U.S. While Don was on vacation in the U.S., typhoon Babing devastated
the entire Philippines including the land owned by Don. Before the
typhoon, however, reached the Philippine area of responsibility, Conan, a
conscientious neighbour and friend of Don, employed six (6) farmers to
harvest the lanzones planted on the land of Don. As a result, Conan
incurred expenses amounting to P60,000.00. The employment of the
farmers and the harvest of the lanzones from the land of Don was
undertaken by Conan without the approval of Don as the latter was still in
the U.S. Upon the arrival of Don in the Philippines from his trip, may he
be compelled by Conan to refund the P60,000.00 expenses incurred?
5. You went to the bank and let the teller change your P1,000.00 bill.
Because of the negligence of the teller, she erroneously gave you 11
pieces of P100 bills. Can you be compelled to return the excess
considering the negligence of the banks teller?
6. While playing baseball with his friends, Jay broke the glass
window of Kay, his neighbour. The breakage was not made on purpose.
It was only an accident. Can Kay hold Jay liable for the damage?
7. Juan ordered ten-year old Pedro to climb a high and slippery
santol tree, and promised to give the boy 2 kilos of the santol he will be
able to pick. While climbing the tree, however, Pedros foot slipped. As a
result, Pedro fell from the tree to the ground and died instantaneously.
Will Juan be liable in damages for the death of Pedro?
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