OBLICON.docx

**OBLIGATIONS IN GENERAL** **1. DEFINITION:** An obligation is a juridical necessity to give, to do or not to do. (Art. 1156, Civil Code) **2. KINDS OF OBLIGATIONS AS TO BASIS AND ENFORCEABILITY** **Civil obligations** give a right of action to compel their performance. **Natural obligations**,...

**OBLIGATIONS IN GENERAL** **1. DEFINITION:** An obligation is a juridical necessity to give, to do or not to do. (Art. 1156, Civil Code) **2. KINDS OF OBLIGATIONS AS TO BASIS AND ENFORCEABILITY** **Civil obligations** give a right of action to compel their performance. **Natural obligations**, not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof. Some natural obligations are set forth in the following articles. **3. ESSENTIAL ELEMENTS OF OBLIGATION** a\. Active subject (creditor/obligee) b\. Passive subject (debtor/obligor) c\. Prestation -- subject matter of the obligation d\. Vinculum Juris/Efficient Cause/Juridical Tie ***Transmissibility of Obligation:*** **General Rule:** all rights acquired in virtue of an obligation are transmissible **Except:** a\. When the **nature** of the obligation is that it is not transmissible b\. By **stipulation** c\. By provision of **law** **SOURCES OF OBLIGATIONS** **1. LAW** (Obligations ex lege) **Art. 1158.** 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 \[Civil Code\]. **2. CONTRACTS** (Obligations ex contractu) A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. (Art. 1305) Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. (Art. 1159) **3. QUASI-CONTRACTS** (Obligations ex quasi-contractu) The juridical relation resulting from **lawful, voluntary and unilateral** acts by virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of another. **NOMINATE QUASI-CONTRACTS:** A. a. b. Here, there is created an obligation for the owner to compensate the officious manager/gestor for his services. B. c. d. **4. DELICT** (Obligations ex maleficio or ex delicto) Delict is an act or omission punishable by law which may be governed by the Revised Penal Code, other penal laws, or the Title on Human Relations under the Civil Code. **Revised Penal Code:** Every person criminally liable for a felony is also civilly liable. (Art. 100, Revised Penal Code) The civil liability arising from a crime includes: 1\. Restitution; 2\. Reparation of the damage caused; 3\. Indemnification for consequential damages. **Proof necessary:** a\. Criminal liability -- proof beyond reasonable doubt b\. Civil liability -- preponderance of evidence **Acquittal of accused:** a\. Acquittal because the accused did not do the act complained of -- no civil liability b\. Acquittal due to reasonable doubt -- there can still be civil liability. **5. QUASI-DELICTS** (Obligations ex quasi-delicto or ex quasi-maleficio) Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. (Art. 2176) Requisites: a\. There must be an act or omission; b\. There must be fault or negligence; c\. There must be damage caused; d\. There must be a direct relation of cause and effect between the act or omission and the damage; Vicarious Liability: Under Art. 2180 of the Civil Code, the following are responsible for the damages caused by: +-----------------------------------+-----------------------------------+ | Acts done by: | Who is responsible? | +===================================+===================================+ | Minor children who live in their | The father, in case of his death | | company | or | | | | | | incapacity, the mother | +-----------------------------------+-----------------------------------+ | Minors and incapacitated persons | Guardians | +-----------------------------------+-----------------------------------+ | Employees in the service of the | Owners and Managers of | | branches in which they are | establishment or enterprise | | employed or on the occasion of | | | their functions | | +-----------------------------------+-----------------------------------+ | Employees and household helpers | Employers | | acting within the scope of their | | | assigned tasks, even if the | | | employer is not engaged in any | | | business or industry | | +-----------------------------------+-----------------------------------+ | Special agent, except when the | The State | | damage was caused by the official | | | to whom the task done properly | | | pertains | | +-----------------------------------+-----------------------------------+ | Pupils and student or | Teachers or Heads of | | apprentices, so long as they | Establishments of | | remain in their custody | | | | Arts and Trade | +-----------------------------------+-----------------------------------+ *Defense*: the responsibility shall cease when the persons above-mentioned prove they observed all the diligence of a good father of a family to prevent damage. For the employer, specifically, if he is able to prove due diligence in the selection and supervision of the employee. Note that this defense is not available against the employer's subsidiary liability arising from a delict or crime. ***Multiple Sources of Obligations***: a single act can be the source of multiple sources of obligations. ***Double recovery not allowed***: Responsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil liability arising from negligence under the Penal Code. But the plaintiff cannot recover damages twice for the same act or omission of the defendant. (Art. 2177)