Sa simple ngunit karaniwang transaksyon, sa araw-araw na pamumuhay ng isang tao, she or he may not even be aware that they are applying the law on obligations and contracts. Kahit meron o wala ka mang kaalaman sa batas, we have to deal and abide with the law on obligations and contracts. And so therefore, napakahalaga na magkaroon tayo ng kahit na basic understanding in the law on obligations and contracts and today we will be discussing obviously obligations so what is obligation particularly the general provisions so this will be the coverage first what What law governs obligations and contracts?
Second, we will be dissecting the Article 1156 of the Civil Code of the Philippines. So, shortly after we discuss Article 1156, then let's discuss again those kinds of obligations from the viewpoint of function, performance, subject matter, and persons obliged. I feel like it's easy to understand these kinds of obligations if we discuss first what Article 1156 is. If we understand first what is an obligation. Okay, so we have to answer first what is an obligation.
First, what law governs obligations and contracts? In the Philippines, it is governed by Republic Act No. 386 or the Civil Code of the Philippines, particularly Article 1156 to Article 1422. Okay, so now, let's discuss Article 1156. Article 1156 provides that an obligation is a juridical necessity to give, to do, and not to do. So article 1156 is actually the legal definition of a civil obligation. So later on, we will be discussing that this civil obligation is actually in contrast to the other kinds of obligations like the natural obligation and the moral obligation.
We will be discussing that later on. For now, Let's dissect Article 1156. Again, Article 1156 provides that an obligation is a juridical necessity to give, to do, or not to do. So, first, eto muna. What is a juridical necessity? Kasi sabi, an obligation is a juridical necessity.
So, ano nga ba itong juridical necessity? Juridical necessity means juridical In civil obligation, there is a juridical tie. It means that if it is not followed or violated, it may result in legal punishment. So, meaning legally demandable.
Simply put, it means that if the obligation was not fulfilled, it becomes due and demandable. So, re-aggrieved party may file. case in court again ha the debtor or obligor must comply with his obligation whether he likes it or not otherwise magkakaroon ng mga undesirable legal consequences so kailangan mong sumunod otherwise may legal na parusa may mga consequences legally halimbawa eto ganda bought a car from bogey So this is an example of an obligation. Binili ni Ganda ang sasakyan ni Pogi.
O bumili si Ganda ng sasakyan from Pogi. And so, ngayon si Ganda has an obligation to pay Pogi. Kasi nga bumili siya ng sasakyan. Now, papaano pala if itong si Ganda hindi niya binayaran si Pogi?
Anong magagawa ni Pogi? so of course first, he can demand payment from ganda now what if despite demand ganda does not pay pogging What is Pogi's recourse now? Pogi may file a proper action in court. When Pogi bought a nice car, of course, she has an obligation to pay.
Now, if she doesn't want to pay, then she has to face the legal consequences. Pogi, being the aggrieved party in this example, may file a proper... action in court. That's what Article 1156 of the New Civil Code says. It is about juridical necessity.
This juridical necessity is actually what differentiates civil obligations from the moral and natural obligation. Obviously, you cannot go to court and file a case for breach of your moral and natural obligations. Okay?
So, we are now done with juridical necessity. And I hope you understand what juridical necessity is. It is juridical time.
Legally demandable. Okay? So, let's proceed with the next phrase. Sabi, diba, an obligation is a juridical necessity to give, to do, and not to do. Napakasimple lang kung tutusin yung pagkakasabi.
Pero, it entails a lot. Note. This topic will be further discussed in the lecture about the nature and effect of obligations. So today, I will just be giving you basic concepts. So in Article 1156, meron tayong tatlong klase ng obligation.
Obligation to give, obligation to do, and obligation not to do. So let's start with to give. What is an obligation to give? As simple as to give means the delivery of a thing to the credit card. But then we have to differentiate to give a determinate thing from an obligation to give an indeterminate or generic thing.
So what does determinate and indeterminate thing in an obligation to give? mean? A thing is determinate when it is particularly designated or physically segregated from all other of the same class. Actually, we will discuss it in the future.
But as of now, it's really easy to understand. When it is particularly designated or physically segregated from all others. So, example, a car with plate number ABC123.
So, it is now particularly designated, right? A dog of Luis Archimedes named Appy. So, there, of course, right? So, please take note kung paano ang isang bagay was segregated or particularly designated mula sa ibang klase nito which make it a determinate or specific thing.
On the other hand, an indeterminate or generic thing, a dog, a car. A house. A gold Rolex watch.
A two-year-old dog of German Shepherd breed. A wife, Lisa Navarra. Napakarami, diba? A two-story building.
Napakarami talaga. So, those are examples. Still an example of generic or indeterminate swing.
Now, to answer the question. What are the obligations of the debtor in an obligation to give? The answer actually depends if the obligation is an obligation to give a determinate or an obligation to give an indeterminate thing.
Let us now answer what are really the obligations of the debtor in an obligation to give. The correct way to answer is in an obligation to give a determinate thing. the debtor is obliged number one to deliver the thing number two to take care of the thing with the proper diligence of a good father of a family third to deliver all accessions and accessories and fourth to pay damages in case of breach of the obligations now on the other hand in an obligation to give an indeterminate or generic thing The debtor or obligor is obliged, number one, to deliver a thing which must be neither of superior nor inferior quality, and second, to pay damages in case of breach of the obligation.
So aside from the obligation to deliver the thing, the obligor is obliged to take good care of the thing with the diligence of a good father of a family. Good father of a family means ordinary diligence. In this particular situation, if that person is obliged to give something, then he must take good care of it as if he is the real owner. Short of that expectation, he will answer for damages. now how about accessions and accessories?
we will discuss this in the future but today we will also go through it so accessions anything that is produced or attached to a thing either naturally or artificially like the plants or the building in the land okay accessions then when you say accessories it is anything that is necessary for the perfection use and preservation of the things like the tools, the spare parts in the machine or the key in the house. Those things. So these accessions and accessories need to be delivered in an obligation to give. So again, please note the debtor is also obliged to deliver the creditor all these accessions and accessories. Along with the obligation of the obligor.
What else? Well, let's take an example. Example to give a determinate thing. Pogi obliged himself to deliver to Ganda a two-yolk tabi yos with plate number ABC123 on December 25, 2023. So, what are the obligations of Pogi? In this case, yung na-enumerate natin.
Number one, first, to deliver to Ganda. Ano? The specific one, Toyota Vios with plate number ABC123, will be delivered on December 25, 2023. Second, prior to the delivery, from now until such time, that it will be delivered until December 25, 2023, then Pogi has to take good care of it with the allegiance of a good father of a family. Third, at that time, kailangan niya rin i-deliver all of the accessories of a car.
And lastly, if Pogi could not deliver, then he has to pay for damages. Now, let's compare this with kung yung ang obligation is to give an indeterminate or generic thing. Halimbawa, Pogi obliged himself to deliver to Ganda a car on December 25, 2023. So, generic. So, what is Togi's obligation?
Number one, to deliver a car, which must be neither of superior nor inferior quality. December 25, 2020. So, any car. Then, second, if he didn't pay, then he has to pay for, I mean, he didn't give, then he has to pay for damages.
That's all. Okay? So, it is actually important to determine if the thing that is the object of an obligation is a determinate. or a generic thing first.
Anyway, we will be discussing this thoroughly in our future topic. For now, basic muna. Ganyan lang muna. Okay? So, we are done with an obligation to give.
Let's proceed. Sabi again, balik-balikan natin, kailangan niyo talaga mamaster si Article 1156. Kasi eto yung foundation ng lahat. So, Article 1156. An obligation is a juridical necessity to give, to do, and not or not to do.
So, obligation to do. This simply covers all kinds of works or services. Ganun lang. Okay?
To do. Example, Pogi and Ganda enter into an agreement whereby Pogi will fix the car of Ganda. So, it is the fixing of the car. Yun yung example ng obligation to do. Obviously, it is an argument to render work or service.
Now, it's as simple as that. Let's not complicate things for now. Thorough discussions will be discussed in another video in the future discussions. Otherwise, if we will be discussing everything now, then this video will be too long, too heavy for you to comprehend, and then, there are still many concepts that... we will not be syncing it to you because we still haven't discussed it.
So let's reserve and save that for future discussions. Let's continue. An obligation is a juridical necessity to give to do or not to do. So, here we go. What is an obligation not to do?
An obligation not to do from the word itself means refraining from doing some acts. Okay? Example, the story of Pogi and Ganda. Pogi and Ganda enter into an agreement whereby Ganda will not sell the car given by Pogi. to here within five days, five years.
So the obligation here is it is consists of refraining someone from doing some acts. In this particular example, Ganda is prohibited from selling the car that Pogi gave to her for a period of five years. Okay, that's it.
So to complete this topic Let's discuss the elements of an obligation. Well, ito is in accordance with the definition in Article 1156 itself. What are the elements of an obligation? Elements or essential requisites of an obligation.
Number one, we have the active subject. Ito yung person na entitled to demand the fulfillment of the obligation. Siya yung may write. The act. subject refers to the creditor or yung obliging and obligation to do.
Bakit siya yung active? Diba? Bakit si creditor yung active, si debtor yung passive?
Kasi siya ang may karapatan. Siya ang may right to demand fulfillment of the obligation. So siya yung active subject. Okay? Now, number two, the passive subject.
Well, as I said earlier, the debtor is the passive subject. The person who is bound to the fulfillment of the obligation. Or siya yung may duty to fulfill.
So passive subjects refers to the debtor in an obligation to give or an obligor pag, obligation to do. Third element, the object or prestation. yung object or prestation refers to the subject matter of the obligation or the contract required to be observed by the debtor it may consist in giving doing or not doing so ito yung subject matter ng obligation and last element is yung juridical tie or yung efficient cause now this refers to the legal tie which binds or connects the parts is to the obligation or likewise known as the vinculum jurist.
What else? Let's take an example. Pogi and Ganda entered into an agreement of building contract.
Pogi binds himself to build the house of Ganda for 1 million pesos. So in this particular example, Pogi has the obligation to fulfill, right? So, siya si passive subject. Siya ang may obligasyon to build the house of ganda.
Si ganda, siya yung active subject. Siya ang may karapatan na humingi ng or mag-demand ng fulfillment ng obligation. Then, third, depreciation or object is yung conduct of building the house. Ito yung subject matter ng obligation nila.
And then, lastly, yung juridical. tie, ano nga ba yung nagbabind or nagkokonect sa kanila? It is the contract. Do not confuse the house as the object of the obligation. This is wrong.
Yung object ay hindi ang bahay kundi yung building ng house. Okay? Yung paggawa, pagbuild, pagconstruct ng bahay ni ganda. So post, eto na.
Tapos na ni Pogi na itayo niya na yung bahay ni ganda. And dun sa agreement magbabayad si ganda. after construction. So in such a case, this handsome guy, since he's done with his obligation, and now he will become an active subject because he now has the right to demand fulfillment or to demand payment from Ganda.
Ganda will now be a passive subject because she has an obligation to pay. Obligation to pay Pogi. So, the prestation is not to be owed but to pay.
Okay? To pay is the prestation. And lastly, the efficient cost or Juridical tie is still the contract of the two.
So let's take another example. Pogi and Ganda enter into an agreement whereby Pogi will fix the car of Ganda. Applying the same concept, it's faster and easier. Pogi, who is the passive subject?
Pogi because he will fix Ganda's car. active subject kasi sa usapan nila, sa agreement nila, siya yung may karapatang mag-demand ng fulfillment ng obligation. Siya yung may karapatang mag-demand kay Pogi to fix his car, or I mean her car. Then third, ang prestation ay yung fixing of the car. Yun yung subject matter ng kanilang obligation.
Hindi yung car mismo, but the fixing of the car. Remember this, there are many mistakes here. Please note.
And then lastly, the agreement to fix the car, their contract, that's the juridical tie. Okay? So that's it. Let's discuss now the kinds of obligations. Because it's probably clear that you understand what the obligations are.
So from the viewpoint of sanction, we have Civil obligation, which is yun nga yung biniscuss natin kanina. Yun yung 1156, I mean Article 1156. Second, we have the natural obligations. Now, what is a natural obligation?
Ito naman ay isang espesyal na uri ng obligasyon na for some reason, hindi na sana pwedeng i-enforce or idulog sa korte. Ngunit, Voluntarily, I mean, the voluntary payment or voluntary fulfillment on the part of the debtor or the obligor allows the creditor to retain the voluntary payment or performance made by the debtor. For example, you can understand this better if there's an example. The debt that was prescribed or in our term, it seems like the debt expired.
May utang sana talaga pero nag-prescribe or na-expired na hindi mo na pwedeng singilin. Kasi expired na ang tagal-tagal na 50 years ago pa yung utang. Wala na. Pero si obligor after 50 years, binayaran si creditor.
In short, it is an example of a natural obligation. And in this case, si creditor, he or she can retain the payment. Okay, retain. You can really accept the payment and if ever Detor realizes, wait, I should have not paid, it's gone. He can't repay.
Detor can't repay the payment he made. Now let's proceed with moral obligations. This is easier. Moral obligation is the obligation which is sanctioned by conscience or morality.
This is also known as the law of the church. The best example is the duty to attend mass every Sunday, the duty of a husband and wife to observe fidelity. Again, civil obligations. This is the obligation which you write. We will have the right of action to compel the performance.
It's natural obligations. It is not based on positive law but is based on equity and natural law. Wala itong right of action to enforced performance. Di ba, hindi mo na talaga sana pwedeng ma-enforce.
Pero, ginawa niya, ginayaran niya. And so, after voluntary fulfillment by the obligor, after the voluntary fulfillment by the obligor, then we are authorized to retain, authorized the retention of what has been delivered or rendered. And then third, moral obligations. Again, this cannot be enforced by action or by court action, but binding by the party through their conscience. Because this is sanctioned by morality.
So, that's it. That's kinds of obligation from the viewpoint of sanctions. Now, let's proceed with another. Kinds of obligations from the viewpoint of performance. Positive, pag yung obligation is to give or to do.
Negative, yun yung not to do. Okay? So, yung makaklassify mo talaga siya.
We already know what to give and to do is positive, to do something. Now, negative, to prohibit, right? So, not to do. Then, from the viewpoint of subject matter, it can be real obligation or personal obligation. Real obligation, the obligation to give.
Then, personal is to do or not to do. Then, lastly, from the viewpoint of person obliged, it can be unilateral, wherein one party is really the bound. Then bilateral, where both parties are bound, like the example we saw earlier, when Pogi built a house.
Pogi has an obligation to build the house. On the other hand, Ganda has an obligation to pay. So that's bilateral. Unilateral, when there's only one obligation, like Pogi promised to fix the car of Ganda for free. then she is the only one who has the obligation to fix the car of beauty well that's it thank you for watching patiently I hope that it really helped you and so if you like this video please like and then subscribe then feel someone is texting anyway then please feel free to comment down below we'll be happy to reply as soon as possible so see you again in our next video bye