The Law on Obligations and Contracts | Articles 1156 to 1162, Book IV, Civil Code of the Philippines

Article 1156 (an obligation is a juridical necessity to give, to do, or not to do) is considered an incomplete definition as it only covers the debtor's side. A complete definition includes the creditor's right to demand performance and satisfaction from the debtor's assets in case of breach (Art. 2236).

Attorney Jen Estabilo introduces a lecture on the Law on Obligations and Contracts, focusing on Articles 1156 to 1162 of the Civil Code of the Philippines. The goal is to explain legal provisions in simpler terms for better understanding.

An obligation is defined as deriving from the Latin 'obligasyo' meaning 'to bind or tie'. The two main types are civil obligations (legally enforceable, based on positive law, and defined in Article 1156) and natural obligations (based on equity and natural law, not enforceable by court action, such as helping community or relatives).

The four requisites of an obligation are: possibility (physically and juridically), pecuniary value, determinability, and legitimacy (PPDL). The four elements of an obligation are: active subject (creditor), passive subject (debtor), object or prestation, and juridical or legal tie (JOPA). The form can sometimes be a fifth requisite for specific contracts.

Examples are used to illustrate the elements. In a building contract between X and Y, X is the debtor, Y is the creditor, constructing the house is the object, and the building contract is the juridical tie. The roles can reverse if X completes the house and Y owes payment.

There are five exclusive sources of obligations (Elc Quak): Law, Contracts, Quasi-Contracts, Crimes (Acts or Omissions punished by law), and Quasi-delicts (Torts). A Supreme Court case (Domingo Dela Cruz vs. Northern Theatrical Enterprises) emphasizes that an obligation must arise from one of these sources.

Obligations arising from law are those explicitly imposed by law, such as paying taxes or supporting one's family, and do not depend on the parties' will.

Obligations from contracts arise from the stipulation of parties and have the force of law between them, requiring compliance in good faith. Contracts are generally perfected by consent, but some (like deposit, pledge, comodatum) require delivery of the object.

Quasi-contracts arise from lawful, voluntary, and unilateral acts (LUV), preventing unjust enrichment. Examples include 'Negotiorum Gestio' (voluntarily managing another's property) and 'Solutio Indebiti' (returning something unduly received by mistake).

When someone commits a crime, they incur both criminal and civil liability. Civil liability includes restitution (return of the item), reparation for damages, and indemnification for consequential damages. Example: a thief must return the stolen car or pay its value.

Quasi-delicts (torts) arise from damage caused by an act or omission with fault or negligence, but without a pre-existing contractual relation. Requisites include an act/omission, fault/negligence, damage, direct connection, and no pre-existing contract. Examples include damages caused by an animal or falling objects from a building.

Further explanation on specific articles: Article 1158 states obligations from law are not presumed. Article 1159 covers contracts as having the force of law. Article 1160 relates to quasi-contracts, noting presumptive consent. Article 1161 addresses civil obligations from criminal offenses, clarifying that civil action for damages can still be instituted if acquittal is based on reasonable doubt, but not if the act was not committed. Article 1162 reiterates that quasi-delicts are governed by specific provisions on damage.

The speaker concludes the discussion on preliminary articles (1156-1162), summarizing the definitions, requisites, elements, and sources of obligations. Future lectures will cover articles 1163-1178 on the nature and effects of obligations, including relevant past bar questions.