Hello and good day. For today, our topic is General Provisions of Obligations. But before I discuss the General Provisions of Obligations, let me give you a brief introduction to the Law on Obligations and Contracts.
The Law on Obligations and Contracts is the body of rules which deals with the nature and sources of obligations, and rights and duties arising from agreements and contracts. In other words, in Law on Obligations and Contracts, we will study relevant articles of law governing the obligations and contracts, especially the nature and sources of obligations and the right and duties of the parties involved in an obligation and contracts. Now, the question is, if we will study relevant articles of law governing the obligations and contracts, where can we find those articles of law?
In order to answer that question, we need to know the source. And the source of the law on obligations and contracts is the Civil Code of the Philippines or the Republic Act No. 386. The Civil Code of the Philippines or RA No. 386 was approved on June 18, 1949. But it was only effective on August 30, 1950. Actually, the Civil Code of the Philippines is based on the Civil Code of Spain which took effect in the Philippines on December 7, 1889. Let us now start by defining obligation. Ano nga bang ibig sabihin ng obligation?
What is the meaning of obligation? Actually, the definition of obligation can be found in Article 1156 of the New Civil Code of the Philippines. Article 1156 of the New Civil Code of the Philippines states that an obligation is a juridical necessity to give, to do, or not to do. Sabi sa Article 1156, ang obligation daw ay juridical necessity. What does it mean by juridical necessity?
Juridical necessity means that the court may be asked to order the performance of an obligation if the debtor refuses to perform it. Meron kasi tayong dalawang parties or dalawang persons na involved sa Obligation. Yung unang party ang tawag doon ay debtor.
At yung pangalawang party ang tawag sa kanya ay creditor. Si debtor, siya ang merong obligation. Siya ang magpe-perform ng obligation. Si creditor naman, siya ang merong right to demand the performance of the obligation.
In other words, si detor siya ang merong duty at si creditor siya ang merong right na mag-demand ng performance from the detor. Ang ibig sabihin lang ng juridical necessity is that kung hindi pinerform ng detor ang kanyang obligation or nag-refuse siya na iperform ang kanyang obligation, there is non-common law. compliance, si creditor ang gagawin niya pupunta siya sa korte at magdedemand para maperform ni debtor ang kanyang obligation. Yun ang ibig sabihin ng juridical necessity.
Sabi sa Article 1156, an obligation is a juridical necessity to give to do or not to do. That means merong obligation to give at merong obligation to do and not to do. The obligation to give is called real obligation and the obligation to do and not to do is called personal obligation.
Of course, yung obligation to do and not to do, pwede pa natin yang hatiin. We have obligation to do and obligation not to do. Yung obligation to do ang tawag dyan positive personal obligation at yung obligation not to do ang tawag dyan negative.
personal obligation. Kung mapapansin ninyo dun sa definition sa Article 1156, meron lang to give, to do, or not to do. Pero walang not to give.
Ang reason kung bakit walang not to give is that included na siya doon sa not to do. Kasi nga, kung iisipin natin, kung hindi din naman natin ibibigay, that means hindi din naman natin gagawin. Or kung hindi naman natin binigay, hindi naman natin ginawa. Again, yung obligation not to give kasama na siya dun sa obligation not to do. Kasi nga, kung hindi din naman natin ibibigay, that means hindi din naman natin gagawin.
That is the reason why kung bakit walang obligation not to give. Let us now proceed to the requisites of obligation or essential elements of an obligation. Bakit siya tinawag na requisites of obligation or essential elements of an obligation? We actually have four requisites of obligation or four essential elements of an obligation.
Kaya siya tinawag na... Requisites or essential elements kasi dapat yung apat na requisites ay meron para masabing merong obligation. Kung yung isa ay walang, walang masasabing obligation. Kaya tinawag na essential elements. All of the four essential elements or four requisites must be there in order to have an obligation.
That is the meaning of Requisites of obligation or essential elements of an obligation. We have four requisites of obligation and they are, first, active subject or creditor or obligee. Second, passive subject or debtor or obligor.
Third, prestation. And fourth, efficient costs. The active subject or creditor or obligee is the party who has the right to demand performance of the obligation. In other words, ito yung person or ito yung party na merong right to demand compliance of the obligation to give, to do, or not to do. Siya yung merong right para mag-demand ng fulfillment ng obligation.
The passive subject or debtor or obligor is the party who is obliged to perform the obligation. Meaning to say, or in other words, he is the person who has the obligation to give, to do, or not to do. Kasi nga, siya yung magpe-perform ng obligation.
Nasabi ko na kanina yung debtor at creditor. Yung debtor, pareho lang yan sa passive subject or obligor. Ang creditor, pareho lang yan sa active subject or obligee.
Sinabi ko kanina na ang debtor ang merong obligation na mag-perform. Siya ang may duty. At yung creditor naman, siya ang merong right to demand.
Next, prestation. Prestation is the object or subject matter of the obligation. It may consist of giving, doing, or not doing something.
Therefore, ang prestation, hindi ito nang tukoy dito yung Thing itself. We are not talking about the thing itself but rather the conduct of giving something, doing something, or not doing something. Take note, hindi tinutukoy dito yung Thing mismo, but rather yung conduct of giving something, doing something, or not doing something. Mamaya, para mas lalo nyong maintindihan kung ano ba yung prestation, magbibigay tayo ng example. Or magbibigay ako ng example.
Next, efficient cause. Efficient cause is the vinculum or the legal or juridical die. Juridical tie which binds the parties to an obligation. The efficient cause of an obligation may be any of the five sources of obligation.
The five sources of obligation are law, contracts, quasi-contracts, acts or omissions punishable by law, and quasi-delics. Sa mga susunod na lessons or sa mga susunod na lectures, papag-aralan natin yung five sources of obligation. But for now, mag-focus muna tayo sa efficient cost. Pag sinabing efficient cost, ito yung nagbabind sa debtor at creditor, sa obligation. And the efficient cause is either any of the five sources of the obligation.
So if the question is efficient cause, either the law, contracts, quasi-contracts, acts or omissions punishable by law, or quasi-delics will be your answer. In order for you to better understand the requisites of obligation, I will give you examples. Example number 1. D is obliged to give C P10,000 with interest at 12% per annum on December 31, 2021. Pursuant to a contract of loan.
Determine the passive subject, the active subject, the prestation, and the efficient costs. Let's determine first the passive subject. Ang passive subject, pareho lang yan sa detor or obligor.
Siya yung magpa-perform ng obligation. In this example, the one who will perform the obligation is D because he will give P10,000 to C with interest. Therefore, D is the passive subject.
Next, let's determine the active subject. Ang active subject, pareho lang yan sa creditor or obligee. And the active subject is the party who has the right to demand the performance of the obligation. Therefore, C is the active subject. Kasi si C ang magdedemand ng P10,000 with interest kay D.
How about yung... prestation. Sabi ko kanina ang prestation, this is not the thing itself but rather the conduct of giving a thing, doing a thing, or not doing a thing.
Therefore, the giving of 10,000 pesos with 12% interest is the prestation. Take note na kung ang sagot nyo ay 10,000 pesos with 12% interest. You are already wrong because you are talking about the thing itself na 10,000 pesos with 12% interest. Kapag sinabing prestation, it is the giving of a thing, doing a thing, or not doing a thing. Kaya ang prestation natin dito is the giving of 10,000 pesos with 12% interest.
Next, how about the efficient costs? Ang efficient cost, ito ang nagbabind sa debtor at creditor, sa obligation. At sabi ko kanina, ang efficient cost is either loan contracts, quasi-contracts, acts or emissions punishable by law, or quasi-delics.
Therefore, in this problem, the contract of loan is the efficient costs or the juridical or legal tie. In this example, the obligation here is unilateral. Ang ibig sabihin ng uni ay one. So ang ibig sabihin ng unilateral obligation is that only one party is required to perform a particular conduct. Kasi dito, Sa example natin, si D lang ang merong obligation.
Siya lang ang required na magperform ng obligation. Next, example number two. D is obliged to transport the goods of C from Manila to Cebu.
And C is obliged to pay D 1,000 pesos as transport costs under a contract of carriage. Determine the passive subject, active subject, prestation, and efficient costs. Para malaman natin kung ano ba yung passive subject, active subject, prestation, at efficient costs, kailangan natin siyang hatiin sa dalawa as regards the transport of the goods and as regards the payment.
of transport costs. Unahin natin yung as regards the transport of goods. As regards the transport of the goods, sino ang active subject, sino ang passive subject, ano ang prestation, at ano ang efficient cost.
As regards the transport of the goods, ang active subject ay si C. Why? Because si C ang merong right to demand the fulfillment or the transport of the goods from D. Siya ang merong right to demand. As regards the transport of the goods, ang passive subject ay si D.
Why? Kasi si D ang... Magpa-perform ng obligation, which is to transport the goods of C from Manila to Cebu. That's why si D ang passive subject. D is the passive subject and C is the active subject.
D is the debtor and C is the creditor. D is the obligor and C is the obligee. As regards the transport of the goods, ano ang prestation? Sabi ko kanina, ang prestation, hindi ito yung thing mismo, but rather yung conduct.
Therefore, ang prestation as regards the transport of the goods ay yung transport of the goods. The transport of the goods is the prestation. And last, ano ang efficient cost?
Ang efficient cost, ito yung nagbabind sa debtor at creditor. At sabi ko kanina, ang efficient cause ay pwedeng loan, contracts, quasi-contracts, quasi-delics, or acts or omissions punishable by law. Therefore, as regards the transport of the goods, ang efficient cause ay yung contract of carriage.
Next, punta naman tayo sa as regards the payment of transport costs. Sino ang active subject? Sino ang passive subject?
Ano ang efficient cost? At ano ang prestation? As regards the payment of transport costs, ang active subject ay CD.
Why? Because CD... ang magdedemand ng 1,000 pesos na transport cost kay C. Kaya si D ang active subject. Ang passive subject naman ay si C.
Why? Why is C the passive subject? Because si C ang merong obligation na magbayad ng transport costs. Or si C ang magbabayad ng Transport costs kay D. Next, as regards the payment of transport costs, ano ang prestation?
Ang prestation ay yung payment of transport costs. Kapag ang sagot nyo ay transport costs, mali na. Because we are not talking about the thing, but rather the conduct, which is the payment of.
Transport costs. How about the efficient costs? As regards the payment of transport costs, ang efficient cost ay contract of carriage pa rin. Because the contract of carriage binds the debtor and the creditor to the obligation. Here in this example, parehong ang efficient cost.
ay contract of carriage. In this example, the obligation is bilateral. Kanina, dun sa ating first example, yung obligation is unilateral. Ngayon naman, ang obligation is bilateral. Ang ibig sabihin nung by ay dalawa.
Meaning to say, yung dalawang parties ay required na magperform ng particular conduct. Kung titignan natin yung example, both D and C are required to perform a particular conduct. Si D, itratransport niya yung goods kay C.
At si C naman, magbabayad siya ng transport costs kay D. Therefore, dalawa silang magpa-perform ng particular conduct. Hence, the obligation here is bilateral. Always remember, kung isa lang ang magpa-perform ng particular conduct, unilateral yung obligation. Pero kung dalawa silang magpa-perform ng obligation, that means each party.
Okay? Ang tawag sa obligation ay bilateral. obligation. Uni means one and bi means two.
Next, let's distinguish civil obligation from natural obligation. Anong pinagkaiba ng civil obligation sa natural obligation? Ang civil obligation, this is based on positive law.
At ang natural obligation, this is based on natural law. Therefore, kung yung civil obligation ay nakabase sa positive law, it is enforceable by a court action. In a civil obligation, merong juridical necessity.
The creditor can go to court to demand the performance of the obligation from the debtor. Pero sa natural obligation, since it is based on natural law, this is not enforceable by court action. There is no juridical necessity in natural obligation. Take note na ang tinutukoy sa Article 1156 ng New Civil Code of the Philippines ay civil obligation.
The obligation that is defined in Article 1156 of the New Civil Code of the Philippines is a civil obligation and not a natural obligation.