Yhobel May E.
Alejandria
Article 1156. “An obligation is a juridical necessity to give, to do or not to do”.
The term obligation is derived from the Latin word “obligare” which
means to bind. An obligation is a juridical bond that binds one person to fulfill
an obligation in favor of another. This may involve giving something, doing a
certain act, or refraining from doing a certain act. Obligation arises when a
party comes to an agreement and when there is right to demand in case of
breach. A contract necessarily gives rise to an obligation, but an obligation
does not always need to have a contract as it may arise to different sources; it
may be express or implied.
A party who is under obligation may be referred to as the creditor, the
active subject, and the debtor, the passive subject. The creditor is the
possessor of a right or one who has the power to demand performance or
payment of an obligation. The debtor, on the other hand, is the one who must
satisfy a specific demandable claim or whom the obligation can be demanded.
The relationship between creditor and debtor is reciprocal in nature because
the performance of one is dependent upon the performance of the other.
For an obligation to arise, there must be the existence of a vinculum, or
juridical tie, which is the source of the obligation that would bind the parties.
This may be based on an agreement, contract, or instrument entered into
voluntarily and knowledge by the parties. Otherwise, one cannot demand from
others the performance of a right or obligation.
Article 1157. Sources of obligations.
An obligation may arise from law, contracts, quasi-contracts, acts, or
omissions punished by law and quasi-delicts. As provided, the obligation may
arise from different sources; it is not limited to contracts or agreements
entered into by the parties. However, if a particular act or transaction is not
covered by any of the categories stated in Article 1157, it generally means
that no legal obligation can arise from that act or transaction.
While persons have the freedom to create or enter into an obligation, it
may still be restricted by laws, morals, and public policy. Therefore, not all
obligations voluntarily taken by a person may be enforceable, as the law sets
boundaries for the creation of contractual and non-contractual obligations.
Article 1158. Obligations derived from the law are not presumed.
Obligations arising from laws are referred to as legal obligations.
These are obligations that must be obediently followed as they are provided in
the law. However, only those laws that are expressly or impliedly included in
the Civil Code or special laws are demandable. Hence, the obligation must be
outlined in the law. They are not supposed to be presumed because they are
considered a burden upon the obligor to prove that an obligation or act arises
from a valid law.
In an obligation agreement, no agreement is necessary. Obligations
arise when they are expressly imposed by law or statutory provision. If not, a
party cannot demand the performance of a duty or obligation from another.
Article 1159. Obligations arising from contract.
Obligations ex contractu have the force and effect of the law. However,
for it to be valid, it must conform to the law. A party may establish stipulations
or terms in their contract, provided that they are not contrary to laws, morals,
or public policy. Otherwise, such a contract is invalid.
The terms and conditions constituted in the contract are binding upon
the parties. It is reciprocal in nature, as the performance of one obligation is
dependent on the other. Hence, if there is a breach of a right or obligation in
the contract, the party may sue another for the enforcement of the right. In an
obligation ex contractu, mutual consent among the parties is necessary. The
terms and conditions stated therein should be complied with in good faith.
Obligations arising from contracts may be expressed or implied. It is
express when it is so provided in the terms and conditions of the contract.
Conversely, it is implied when there is no agreement but the party to whom
the obligation is to be performed expects to be paid for or compensated for
the services he or she renders. When a person does not expect to be paid or
compensated, an implied contract does not arise.
Article 1160. Obligations derived from quasi-contracts.
Quasi-contracts are based on the principle that “no one should be
enriched at the expense of another." Unlike a contract, there is no consent in
a quasi-contract as it involves something that has never been due; hence,
there is no right to demand. But there is, however, an obligation arising out of
the wrong done. It has two principal kinds: (1) negotorium gestio; (2) solutio
indebiti.
The principle of negotorium gestio occurs when a person, without the
authority of the owner, occupies or takes charge of a property or business,
thereby profiting from it. In such a case, reimbursement must be made to the
administrator of the property or business.
On the other hand, the principle of solutio indebiti applies when
payment is made by mistake or when there is an overpayment or excess of
value. It is the act of receiving something when there is no right to demand it,
and second, it is unduly delivered through mistake. Hence, when there is an
absence of a right to collect the excess sum or payment was made by
mistake, the obligation to return it arises.
Article 1161. Civil obligations arising from criminal offense.
Obligations Ex Delicto is the liability sought to be recovered in a civil
action deemed instituted with the criminal case. It is based on the principle
that “every person criminally liable for a felony is also civilly liable." Civil
liability will not be attached only in those cases where no private offended
party is involved.The civil liability arising from a crime includes restitution,
reparation of the damage caused, and indemnification for consequential
damages.
As a rule, civil liability arising from a criminal offense is automatically
attached to the criminal action, unless the offended party waives the civil
action, reserves his right to institute it separately, or institutes the civil action
prior to the criminal action. Otherwise, a civil action may not be instituted
separately from the criminal action.
The dismissal or acquittal of the accused in the criminal action does not
automatically extinguish civil liability, as civil liability may be proven only by
the mere preponderance of evidence. But if there is a judgment in the criminal
action that the offender is not the author of the crime, civil liability is
extinguished for the criminal offense. If the accused dies before arraignment,
the criminal action will be dismissed without prejudice. Hence, the offended
party may file a civil action against the estate of the deceased.
Article 1162. Obligations derived from quasi-delicts
Quasi-delict, also known as tort or culpa aquiliana, refers to acts or
omissions that cause damage to another person by fault or negligence. The
party responsible for the act, there being fault or negligence, is liable for the
payment of damages even if there is no pre-existing contractual relationship
between the parties. For a person to be held liable for a quasi-delict, the fault
or negligence must be the proximate cause of the damage or the injury. In
other words, there must be a direct connection between fault or negligence
and the damage or injury.
In quasi-delict, there is no intent or malice to cause harm or inury, as
the wrong done is merely the result of negligence arising out of lack of
foresight, lack of skill, or the failure to take the necessary precautions to avoid
injury or damage.
