on obligation

8/13/2019 on obligation

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Wrong (cause of action) is an act or omission of oneparty in violation of the legal right (s) of another. Alsocalled as INJURY.

Right is the power which a person has under thelaw, to demand from another any prestation.


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Kinds of Obligations (as to subject matter)

Real Obligation- is that in which the subject matter isa thingwhich the obligor must deliver to the obligee.

- obligation to give.

Example: Jiji promised to bake (and give) a bread forMon.

Personal Obligation- is that in which the subjectmatter is an act to be done or not to be done

> Positive personal obligation- obligation to do orto render service.

example: Vicky agreed to assist Mon in the lattersdomestic travel.


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> Negative Personal Obligation- obligation not todo (includes obligations not to give.

Example: Mon agreed not to stalk anymore Vickyin consideration of 1 peso as settlement amount.


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Art. 1157Obligations arise from Law, Contracts, Quasi- contracts,

Acts or omissions punished by law, and Quasi- delicts.

Sources of Obligations:

1. Law- when they are imposedby law itself.

ex.: obligation to pay taxes

2. Contracts-when they arise from the stipulationof theparties.

ex.: the obligation to render service by

reason of an agreement.


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3. Quasi- contracts- when they arise from lawful,voluntary and unilateral acts which are enforceable to

the end that no one shall be unjustly enriched orbenefited at the expense of another.

ex.: the obligation to return money paid bymistake or which is not due.

duty to refund an over change of money...4. Crime or acts or omissions punished by law.- when

they arise from civil liability which is the consequenceof a criminal offense.

ex.: the duty of the convicted rapist to indemnifythe victim.


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5. Quasi- delicts or torts-when they arise from damagecaused to another through an act or omission, there

being fault or negligence, but no contractual relationexists between the parties.

ex.: -the obligation of the owner of the car topay for the damages it has caused....

-the obligation of the restaurant ownerto pay for damages caused by the food poisoning of its

customers. -the obligation of the travel ageny to

pay for damages the injured tourists who were injured inits tourist bus.


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As to sources of obligations: technically there are onlytwo sources; law and contacts, because obligationsarising from quasi-contracts, delicts, and quasi-delictsare really imposed by law.


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Art. 1158 Legal obligations / obligations arising from law.

must be clearly set forth in law to be

demandable...


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Art. 1159Obligations arising from contracts have the force of the

law between the contacting parties and should becomplied with in good faith.

Contractual Obligations or Obligations arising fromcontracts or voluntary agreements presupposes that thecontracts entered into are valid and enforceable.


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Contract= is a meeting of minds between two personswhereby one binds himself, with respect to the other, togive something or to render some service (Art. 1305).

Binding Force- obligations arising from contractshave the force of law between the contracting parties,

that is they have same binding effect of obligationsimposed by laws.

Requirements of a valid contract- is valid if it is not

contrary to law, morals, good customs, public order, andpublic policy.( ART. 1306) see also Art. 1318.


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Requirements of a valid contract:

Contract must not be contrary to law.- law is superior to a contract.

ex.: an employment contract which statesthat an employer will not pay for the SSS share of the

employee.

Contract must not be contrary to morals.

ex.: A contract where Ms. T will be hired asworker by Mr. R only after she has run naked inside thelatters office.


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Contract must not be contrary to good customs

- customs have the force of law when recognized

and enforced by law.ex.: - A entered into a contract whereby B binds

herself to slap her mother......

Contract must not be contrary to public order(public safety).

ex.: Included in the contract between the owner of

a tourist bus and its passengers that failure to pay theagreed fare would result to the passenger having to rideonly at the top of the bus....


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Contract must not be contrary to public policy

- in consideration of the common good.

- a contract which has a tendency to beinjurious to the public or is against the public good iscontrary to public policy.

ex.: Phil raped Angel. They later agreed inconsideration of 1,ooo,000 pesos that Angel will notfile a case anymore against Phil.

* If allowed would result to a manifestperversion of justice.


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Compliance in Good Faith

-means compliance or performance in accordancewith the stipulations or terms of the contract oragreement. Sincerity and honesty must be observed to

prevent one party from taking unfair advantage overthe other.

- That which is agreed upon in the contract is thelaw between the contracting parties and must be

complied with in good faith.- means we must interpret not by the letter thatkilleth but by the spirit that giveth life.


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Art. 1160 Obligations arising from quasi- contracts or contracts

implied in law.

Quasi- contract=that juridical relation resulting from lawful,

voluntary, and unilateral acts by virtue of which theparties become bound to each other to the end that no

one will be unjustly enriched or benefited at theexpense of another.

- not properly a contract at all...supplied(consent)by fiction of law...


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the law considers the parties as having entered into acontract, although they have not actually did so, and

irrespective of their intention, to prevent injustice.

Kinds of Quasi- contracts:

1. Negotiorum gestio (unauthorized management)

- the voluntary management of the property oraffairs of another without the knowledge or consent ofthe latter.

ex.: Gloria and her family went on a cruise, leaving behind theirpet CAT. While enjoying the vacation their Cat got ill. Penoy, theirneighbor, got pity of the Cat and brought it to a veterenarian encurringexpenses in return. In this case Gloria has the obligation to reimbursePenoy for his expenses, although Gloria did not actually gave herconsent to Penoysacts...following the principle of quasi- contract.


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This takes place when a person voluntarily takescharge of anothers abandoned business or property

without the owners authority.(Art. 2144, NCC)Reimbursement must be made to the gestor fornecessary and useful expenses, as a rule.(See Art. 2150,

NCC).


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2. Solutio Indebiti

- the juridical relation which is created when

something is received when there is no right to demand itand it was unduly delivered through mistake.

requisites:

1. there is no right to receive the thing

delivered.

2. the thing was delivered through mistake.

Ex.:- Inday , a housemaid was asked by her Boss to deliver aBibingka to their neighbor, Ondoy, but Inday did not exactlyhear what her Boss said as a result she gave the Bibingka toOnday, their other neighbor. In this case Onday has theobligation to return the Bibingka.


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This takes place when something is received whenthere is no right to demand it, and it was unduly

delivered thru mistake. The recepient has the duty toreturn it. (See Art. 2154, NCC), (See also, USTCooperative Store v. City of Manila, et.al. Dec. 31, 1965)

Art 1161 Civil obligations arising from criminal offenses shall be


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Art. 1161-Civil obligations arising from criminal offenses shall begoverned by the penal laws, subject to the provisions of article

2177, and of the pertinent provisions of Chapter 2, Preliminary

Title, on Human Relations, and of Title XVIII of this Book,

regulating damages

Civil Liability arising from crimes or delicts

- times when the commission of a crime causes notonly moral evil but also material damage.

- everyperson criminally liable for an act of omissionis also civilly liable(Revised Penal Code)

Scope: (civil liability includes)

1. Restitution2. Reparation for the damage caused

3. Indemnification for consequential damages.


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An accused in a criminal case may be sued CIVILLYwhether or not he is found guilty or is acquitted. But

the victim cannot recover damages in both cases (onlyin one) . Elcano v. Hill 77 SCRA 98.


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Art. 1162Obligations arising from quasi- delicts ( torts orculpaaquiliana)

quasi- delict is an act or omission by a person which

causes damage to another giving rise to an obligation to pay forthe damage done, there being fault or negligence but there is nopre- existingcontractual relation between the parties.

Requisites:

1. there must be an act or omission (failure to act)

2. there must be fault or negligence3. there must be damage caused

4. there must be a direct relation of cause and effectbetween the act or omission and the damage.

5. there is no pre- existing contractual relationbetween parties.


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Negligence (CULPA)

- is the failure to observe, for the protection of theinterests of another person, that degree of care,precaution, and vigilance which the circumstances justlydemand, whereby such other person suffers injury. (see

Art. 1173, NCC)

On test for Determination of Negligence read Picart v.Smith, 37 Phil. 809)


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Requirements before a person can be held liable for

Quasi- Delict):

1. There must be fault or negligence attributable to theperson charged;

2. There must be damage or injury;

3. There must be a direct relation of cause and effectbetween the fault or negligence on the one hand andthe damage or injury on the other hand (proximatecause).

*proximate cause is that adequate and efficient cause,which in tha natural order of events, necessarilyproduces the damages or injury complained of.


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Crime distinguished from quasi-

delict.???

Documents

on obligation