Article 1156

An obligation is a juridical necessity to give, to do or not to do. (n)

Ang obligasyon ay isang Juridical necessity na magbigay, gawin at hindi gawin.

Obligation derived from the latin word “obligatio” meaning tying or binding.  Joridical necessity connote that in case of non compliance, there will be legal sanction.

Elements:

Active Subject – the one is demanding the performance (Creditor)

Passive Subject – the one bound to perform the prestation to give, to give, to do or not to do

Prestation or Object – the subject matter of the obligation

Efficient Cause – the juridical tie or vinculum by virtue of which the debtor has become bound to perform the prestation

Case Illustration: ASJ Corporation and Antonio San Juan vs Spouses Efren and Maura Evangelista

 

Article 1157

Obligation arise from:

• Law;
• Contracts;
• Quasi-Contracts;
• Act or omissions punished by law; and
• Quasi-delicts

Ang obligasyon ay maaaring manggaling:

1. Batas;
2. Kontrata;
3. Quasi-Kontrata
4. Kilos o kilos na masama na pinaparusahan ng batas; at
5. Quasi-delicts

Sources of Obligations

1. Law (obligation ex lege)-like the duty to pay taxes and to support one’s family.
2. Contracts (obligation ex contractu) – like the duty to repay a loan by virtue of an agreement.
3. Quasi-contracts (obligations ex quasi-contractu) – like the duty to refund an “over change” of money because of the quasi-contract of solution indebiti or “undue payment.”
4. Crimes or Acts of Omissions Punished by Law (obligations ex maleficio or ex delicto) – like the duty to return a stolen carabao.
5. Quasi-delicts or Torts- (obligation ex quasi-delicto or ex quasi-maleficio)- like the duty to repair damage due to negligence.

Article 1158

Obigations 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. (1090)

Ang mga obligasyon na hango sa batas ay hindi inaakala.  Ang mga obligasyon lamang na hayagang nakasaad sa Code na ito at sa mga espesyal na batas ang may bisa, at pinapatakbo ng mga utos ng batas na nagtatag ng mga ito; para sa mga obligasyon na hindi inaasahan, sila ay bibigyang bisa ng probisyon ng Libro na ito.

Discussion:

When obligations are not expressly provided by law, they cannot be presumed to exist – thus making the not demandable nor enforaceable.

When the act itself is the source of the obligation and not the law:

1. The law merely acknowledges the existence of an obligation generated by an act;
2. It constitutes a contract, quasi-contract, delict or quasi-delict;
3. Its only purpose is to regulate the obligation which did not arise from the law.

When the source of the obligation is the law itself:

1. The law creates the obligation;
2. The act upon which it is based is nothing more than a mere factor for determining the moment when it becomes demandable.

Case Illustration: Jaravata vs. Sandiganbayan (127 SCRA 363)