Oblicon as a whole

• Damages


  Sum of money given as compensation for the injury or harm suffered by the obligee for the violation of his right
• Elements of Obligation


  Active Subject (Creditor / Obligee), Passive Subject (Debtor / Obligor), Prestation (to give, to do, or not to do), Efficient Cause, Causa
• An obligation is the duty of a person (obligor) to satisfy a specific demandable claim of another person (obligee) which, if breached, is enforceable in court
• From the affirmativeness and negativeness of the obligation

  • Positive or Affirmative Obligation
  • Negative Obligation
• Obligation


  Juridical necessity to give, to do, or not to do
• Obligation arises from law, contracts, quasi-contracts, acts or omissions punished by law, quasi-delicts
• Obligations arising from contracts must be complied with in good faith because it is the "law" between parties; neither party may unilaterally evade his obligation in the contract, unless the contract authorizes it or the other party assents
• From the viewpoint of "sanction"

  • Civil Obligation
  • Natural Obligation
  • Moral Obligation
• Kinds of Obligation

  • Civil Obligation
  • Natural Obligation
  • Moral Obligation
• Juridical Necessity


  Juridical tie; connotes that in case of noncompliance, there will be legal sanctions
• From the viewpoint of subject matter

  • Real Obligation
  • Personal Obligation
• A contract necessarily gives rise to an obligation but an obligation does not always need to have a contract
• Prestation (Object)

  • To Give
  • To Do
  • Not to Do
• Obligations arising from law must be expressly or impliedly set forth and cannot be presumed
• From the viewpoint of persons obliged

  • Unilateral
  • Bilateral
• Kinds of Quasi-contracts

  • Negotiorum gestio - unauthorized management; Solutio indebiti - undue payment
• Governing rules for Delicts

  • Pertinent provisions of the RPC and other penal laws subject to Art 2177 Civil Code, Chapter 2, Preliminary title, on Human Relations (Civil Code), Title 18 of Book IV of the Civil Code – on damages
• Obligations from law are not presumed; only those expressly determined in the code or in special laws are demandable
• Parties may freely enter into any stipulations, provided they are not contrary to law, morals, good customs, public order or public policy
• Contract is a meeting of minds between two persons whereby one binds himself to give, do something, or render some service, governed primarily by the agreement of the contracting parties
• Obligations arising from contracts are primarily governed by the stipulations, clauses, terms, and conditions of their agreements
• Falsification of a valid contract - only the unauthorized insertions will be disregarded; the original terms and stipulations should be considered valid and subsisting for the parties to fulfill
• Solutio indebiti takes place when something is received when there is no right to demand it, and it was unduly delivered through mistake
• Quasi-contract is a juridical relation resulting from lawful, voluntary, and unilateral acts by virtue of which both parties become bound to each other to prevent unjust enrichment or benefit at the expense of the other
• Quasi-contracts arise from lawful, voluntary, and unilateral acts and are enforceable to prevent unjust enrichment or benefit at the expense of another
• Quasi-delicts / Torts arise from damage caused to another through an act or omission, without fault or negligence, and no contractual relation exists between the parties
• Valid contract should not be against the law, contrary to morals, good customs, public order, and public policy
• Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith
• Delicts arise from civil liability which is the consequence of a criminal offense
• When analysing markets, a range of assumptions are made about the rationality of economic agents involved in the transactions
• Compliance in good faith means performance in accordance with the stipulations or terms of the contract or agreement
• Obligations derived from quasi-contracts shall be subject to the provisions of chapter 1, title 17 of this book
• Negotiorum gestio takes place when somebody voluntarily manages the property affairs of another without the knowledge or consent of the latter; the owner shall reimburse the gestor for necessary and useful expenses incurred by the latter for the performance of his function as gestor
• Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care
• Owner shall reimburse the gestor for necessary and useful expenses incurred by the latter for the performance of his function as gestor
• The SC in Sagrada v. Naccoco implied that the sources of obligation in Art 1162 is exclusive. Many commentators believe, however that it should not be. At present, there is one more possible source of obligations - PUBLIC OFFER (Public Offer is in fact a source of obligation in the German Civil Code) - Ateneo memory aid
• Fault or Negligence


  Consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the person, time, and of the place
• Reason: the obligor cannot take care of the whole class/genus
• Quasi-delict (culpa aquiliana) - an act or omission by a person which causes damage to another giving rise to an obligation to pay for the damage done, there being fault or negligence but there is no pre-existing contractual relation between parties
• Reparation of the damage caused - court determines the amount of damage: price of a thing, sentimental value, etc