let us talk about concept of obligations requisites for elements of an obligation and sources of obligations under article 1156 an obligation is defined as a judicial necessity to give to do or not to do so if you're asked to define what an obligation is your definition should be based on article 11 56 now when you say that the obligation or an obligation is a juridical necessity it simply means that in case the debtor failed or refused to perform the obligation the creditor has legal remedies there are two kinds of obligations under the civil code the first are the so-called civil obligations which refer to obligations that give to the creditor also known as obligee the right under the law to enforce their performance in courts of justice meaning to say if the death or refuse or fail to comply with the obligation the ca the creditor can seek legal remedies one of which is by filing a case in the court but aside from the so-called civil obligations class there are there are another set of obligations and they are called natural obligations now when you say natural obligations basically they are founded on voluntariness of action meaning to say as a matter of right the natural obligation cannot be enforced through our course of justice nevertheless if the debtor volunteered to perform the obligation then he can no longer recover what has been delivered or rendered by reason of this natural obligation let me give you an example now under the law if an obligation is based upon a written contract the obligation will prescribe or will expire in 10 years so if for example the debtor borrowed money today and the contract is in writing and the debtor prime minister period let us say on december 25 2020 if on december 20 25 2020 the debtor did not pay then the creditor has 10 years from the time the obligation became due and demandable to seek legal remedies or to file a case in court but if after 10 years the creditor did not file a case in court then the obligation of the debtor has already expired meaning to say after 10 years the creditor can no longer file a case in court but suppose despite the fact that the obligation has already expired or has already prescribed the debtor is still volunteered to pay his obligation to the creditor can the debtor recover what he has paid the answer is no because although that obligation is no longer achieving obligation because it has already expired when the creditor failed to enforce his right within 10 years it became what we call a natural obligation and in a natural obligation class remember this the essence is voluntariness so once the debtor volunteered to perform the obligation the debtor can no longer recover what he has paid or what he has delivered now in an obligation there are what we call essential elements or essential requisites they are the so-called building blocks of an obligation they are the requisites because they comprise or they compose the obligation absent any one of these we do not have an obligation so what are the four essential requisites of obligation first you have the positive subject and we are referring to the debtor or obligor second you have the active subject referred to as the creditor or obligee then third requisite is what we call object or prestation which is the subject matter of the obligation and then the fourth is the juridical or legal tie in other words this is the efficient cause or source of the obligation for example let us say d or death or borrow money from c the creditor and the debtor problem is to pay his obligation to see within one year so in this situation c is the active subject he has the right to demand the performance of the obligation on the other hand class d is the passive subject or d is the debtor it is he who has the obligation to pay now the money let us say 100 000 pesos alone is the so-called object or prestation and the agreement or the contract is the juridical or legal type in other words it is the source of the obligation it is the reason why the debtor acquired the obligation to pay the creditor the loan of 100 000 pesos now let us distinguish obligation right and wrong now plus when you say obligation that is the act or performance that is enforceable in law so going back to our situation the obligation is on the part of the that are on the other hand the right is the power of the person to require or to demand that the other person perform the prestation so going back to our example uh d being the debtor having the obligation to pay c on the other hand being the creditor has the right to demand payment and when you talk about wrong or also known as cost of action it actually refers to the act or omission which violates the legal right or rights of the other party so in this situation if let us say the debtor failed to pay on due date then c now has the cost of action to seek or file a case against uh the debtor take note that the wrong or cause of action could either be an act or omission in other words it is possible that the debtor violated the right of the creditor because he did something which he is not supposed to do but it can also be by way of omission when you say omission class it means that the debtor did not do something or did not give something which it is his obligation to do or obligation to give now what are the kinds of obligations well as a subject matter class you have first real obligation which is an obligation to give so in a real obligation the object or subject matter is a thing that the debtor must give or deliver to the obligee or creditor by the way class the obligation to pay money as what we have as the example that we mentioned a while ago is an obligation to give right so it is an obligation to give because something is supposed to be delivered or given by the debtor to the creditor now there are two kinds of free obligations and you may be aided by the keyword gro and sro samadalin tantan [Music] g-r-o-n-s-r-o so what are these real obligations class when you say gro we are referring to a generic rail obligation but not be nothing generic verification it is an obligation to give a generic or indeterminate object now uh when you hear the word genetics brand name so for example let us but when you say for example jesse then that becomes a brand name so in relation when you say a generic or indeterminate object the object cannot be identified the object cannot be separated or pinpointed from all other things belonging to that same class on the other hand when you talk about sro or specific real obligation it is an obligation to give a specific or determinate object so unlike in the case of a genetic or indeterminate object when you say specific or determinate the object of the obligation is particularly identified the object is already uh pinpointed or segregated from all other things of the same class example let us say motor vehicle so that is a generic or indeterminate object because you cannot pinpoint which of the millions of motor vehicles the parties are talking about suppose they agreed that the debtor will deliver a toyota fortuner suv is the object which is the toyota fortuner suv a generic or a specific object it is still a generic object because you cannot identify you cannot pinpoint which of the many toyota fortuner suv the parties are talking about now can you make it specific can you convert that into a specific obligation the answer is yes suppose the parties agreed that the debtor will deliver to the creditor that toyota fortuner suv with plate number triple a one four three four so in that example class the obligation is to give a particular toyota fortuner suv because although there are thousands of toyota fortuner suv we or the parties refer to that particular car which bears the license plate that particular license plate now aside from real obligations there are also the so-called personal obligations if a real obligation is an obligation to give a personal obligation on the other hand is an obligation to do or perform something or not to do or not to perform something so here class the object or subject matter is an apt to be done or not to be done and there are two kinds of personal obligations you have the positive and the negative personal obligations so when you say class positive personal obligation it is an obligation to do or to render service and conversely when you say a negative personal obligation it is an obligation not to do so for example if the debtor obliges himself to pay a portrait of the creditor so it is a personal obligation because it is an obligation to do and more specifically it is a positive personal obligation because it is to do something on the other hand if let's say the debtor promised not to compete with the creditor in his business then that is a negative personal obligation for example samara iban when you enter into an employee employment contract with an employer or with establishment sometimes they will ask you to sign some documents or contracts and sometimes part of the contract is what we call the non-disclosure clause or non-disclosure agreement non-disclosure clause non-disclosure agreement it means that the employee should not divulge the employee should not reveal confidential informations or trade secrets that he or she may have learned from the business or the establishment of the employer and most of the time even if there is no longer the employer employee relationship let us say the employee resigned the employee retired or the employee was dismissed from employment that obligation still survives all right so that is an example of a negative personal obligation the employee has the obligation not to reveal not to divulge secret or confidential informations that the employee may have learned by reason of working for that employer now under article 1157 there are five sources of obligation in other words what could be the possible reason why the debtor acquired or incurred the obligation to give or the obligation to do well if you will look at article 1157 it enumerates five possible sources of obligation whether or not it is a real or a personal obligation so you have where the law contracts quasi contracts acts or mission punished by law also known as crimes or delic's and then last you have quasi delic so if you are given an enumeration question and you're asked to enumerate 5 then you enumerate all of this law contracts quasi contracts actual mission punished by law and quasi delix but if you're only asked to enumerate two sources then your answer should be low and contracts bucket because basically obligations arising from con quasi contracts rather or from crimes or from quasi-delegates are also founded on the law meaning to say the gigging sources assisted an obligation now because the law expressly provide that they could be sources of obligation okay now when you say obligations arising from law one good example of this is the obligation to pay taxes so it is not an obligation arising from contract because basically the obligation to pay tax whether or not the taxpayer would give his consent to pay the taxes that is not relevant what i'm trying to say is even if the taxpayer doesn't want even if the taxpayer would refuse to pay taxes still that is an obligation okay with or without the consent of the taxpayer the moment the taxpayer earns taxable income then he incurred this obligation to pay because this obligation arises from the law the next obligations arising from contracts well uh if you will look at article 1306 now uh this article defines what a contract is so when you say contract and article 13 1306 it talks about meeting of minds between two persons in other words there is consent between two persons whereby one of the parties no would find or obligate himself with respect to the other party to give or to do something so basically obligations arising from contracts are founded on agreements or stipulations of the parties for example if you will hire the services of an accountant then your obligation to pay the services or the professional fee of your accountant is based on a contract or agreement then third when you say quasi-contracts so namanta is a word na so recall our discussion before so we said that the word quasi means so when you say quasi contracts they are not really contracts but as if they are contracts as if there are contracts because one has the obligation to give or to do something in favor of the other party not because they have come to an agreement or stipulation but because it is the law itself that impose upon the debtor that obligation the purpose here is to prevent the person to unjustly enrich or benefit himself at the expense of another person example of this is the obligation to return what the person received by mistake right so let us say [Music] or let us say lbc all right [Music] so considering that it was given or delivered to you by mistake then you have now the obligation to return what you receive by mistake all right now when you talk about crimes or acts or missions punished by law these are the so-called civil liabilities arising from a crime so for example if a government official would steal the government money then he has the obligation to give back or return the money that that official stole from the government or let us say a criminal who has inflicted physical injuries against another person so that criminal if he is convicted has the obligation to pay the medical expenses suffered by the victim of his violence and then you have your quasi delix or torch so an adidas a word not quasi now basically class when you say deletes these are crimes now and when you say crimes crimes are committed intentionally there is malice or there is evil intent all right but when you talk about quasi delegates or torts there is no intention there is no malice but nevertheless there is negligence there is fault and because of that fault or negligence another person suffered damages but take note class under the revised penal code there could also be crimes that could be committed not intentionally but rather recklessly or negligently that is why cigarettes reckless imprudence resulting in homicide reckless improvements resulting in physical injuries reckless improvements resulting in damage to property all right if it's a begin that is also a crime but the death of the person the injury suffered by the person or the damage sustained by the property is not due to a malicious or intentional act committed by the accused but rather it was due to the negligence or fall of the accused in other words because the accused failed to observe the necessary care or diligence then that omission that failure to observe that failure to follow that failure to apply the necessary care or diligence resulted in the death or in the injury of a person or damage to property so reckless imprudence cases are criminal cases on the other hand quasi delics or torts cases are civil cases that is why let us say you own a building as the owner of the building you have the obligation of course to maintain that building in other words to make sure that the building will be safe not only for those who use the property but even for those who are outsiders so on the article 2119 of the civil code if the owner of that building failed to observe the necessary care in the maintenance of that structure and because of that lack or want of care that structure collapse whether totally or partially and somebody suffered injuries or somebody died then that could be a cause of action for quasi derelict or but let me repeat in some instances the negligence or what we call imprudence could be considered a crime for example human vehicular accident [Music] but if the driver was driving negligently if the driver was driving recklessly then although he may not be charged with intentional killing or homicide he could be charged with unintentional killing which is properly called homicide through reckless impedance or we could also state it otherwise reckless imprudence resulting in homicide so between an intentional offense or crime and an unintentional offense or crime the the the gravity no young [Music] okay under article 1158 this discusses in detail obligations arising from the law as you have mentioned one good example of this is the obligation to pay taxes now first things first before the person could be acquired could have what we call a legal application there must be a clear provision of the law making that person subject to the coverage or application of the law right it cannot be what we call speculation so as i have said first things first it must be established it must be proven that that person is really covered by the law so in case of doubt any doubt should be resolved in favor of the person so if there is no clear provision if it is not clear whether or not that person has that legal obligation then any doubt should be resolved in favor of that person not being covered by that law all right next article 1159 in relation to article 11 57 talks about obligations arising from contracts okay and as we have said if when when we go to contracts you would find the definition of contracts or meeting of minds that is consent all right the parties have come to an agreement that one of them will give or do something in favor of the other now uh the rule class is this obligations arising from contracts or what they call contractual obligations all right have the force of law between the contracting parties so when you say obligations arising from contracts or contractual obligations of the force of law between the contracting parties it simply means that that is the law between them so if a law provides otherwise then between what the law provides and what the parties agreed upon in their contract it is their stipulation in the contract that will prevent example let us say interest rate now my interest on my dupont now sabotage legal rate of interest and legal rate of interest i six percent per annum or six percent annually all right but suppose the parties agreed that the debtor's loan shall earn interest of let us say two percent monthly all right hindi six percent annually but two percent one so which rate of interest will prevail will it be the legal rate of six percent annually or the two percent monthly interest agreed upon by the parties and stipulated in their contract it would be the two percent monthly interest because between what the law provides and what the parties agreed upon in their contract it is their contractual stipulation that will uh that will prevail that stipulation is the law between the creditor and the third now aside from the rule that control control obligations that the the contract is the law between the contracting parties it also provides that this contractual obligation should be followed in good faith alright so what do you mean by this when you say class compliance in good faith it means strict performance strict compliance with the contractual obligation according to the terms or conditions agreed upon by the parties and provided in their contract or agreement [Music] uh all right because otherwise if the death or or if the parties for that matter because it is possible but that both of them are creditors and debtors of each other for example in the case of sale now it's not only the seller was the obligation but it is also the buyer so if for example uh a agreed to sell and deliver 1000 facials to be the buyer and b on the other hand agreed to pay 40 000 pesos for this 1000 officials then under the rule of compliance in good faith both of them are supposed to perform their respective obligations strictly in accordance with their agreement so can a deliver 999 facials the answer is no because the agreement is a should deliver 1000 pieces of face shields can be pay uh 39 000 pesos only the answer is no why not because their agreement is for this 1000 facials we must pay 40 000 pesos so neither of the parties may withdraw from the contra or escape from his obligation right unless of course there is some valid reasons that may excuse the party from complying or performing with his obligations anyway we will discuss this as we go along in the study of this subject now under article 1160 in relation also to article 11 57 this deals with what we call obligations arising from quasi contracts and there are two kinds of quasi-contracts and you can find them in article 2144 and 2154 of uh an article 2154 of the civil code contracts so you have negocio and then you have solution in debit so what is this negotiator gesture basically it talks about a person voluntarily taking care of the property or a fears of another person but this other person has no knowledge or did not consent that his property or his affairs will be voluntarily managed by that person all right example let us say um because of the copied 19 all right uh some students were not able to get all their belongings here in baguio iman hindi [Music] suppose took care of the properties that were that have been left by a board mate that is stranded uh let us say in the province so even the board made detail now indeed if in the process of taking care in if in the process of managing these properties of the absent board made the one who is in baguio spent or incurred expenses then under the rule of negociarum gesture the owner of these properties has the obligation to pay the expenses incurred by the board mate because otherwise that board mate who was stranded in the province but whose properties have been taken care of by by that board mate will unjustly enrich himself at the expense of another and that is what quasi contracts uh try to prevent unjustly enriching one's self at the expense of another person now what about solution deputy uh when you talk about solution in deputy this is created when an object or something is received although the recipient really has no right to receive it or it was delivered only due to some mistakes right but if in reality you are not supposed to believe rather to to receive it then you incur the obligation to give or to give back now to return what was given to you by mistake so under the rule of solution deputy you the passenger have the obligation to return jung sobran because it was given to you not intentionally but because of mistake okay now what about obligations arising from crimes or delegates take though under article 1161 the rule is one who is criminally liable is also civilly liable what do you mean by this well basically if a person commits a crime if a person is convicted of a crime then there are two liabilities that that person must suffer first is the criminal liability which more often than not are punished by imprisonment and payment of fine or multa but aside from that the convicted criminal also incur what we call civil liability but unlike in the case of criminal liability the civil liability is in the form of compensation so the civil liability arising from crime could either be restitution reparation for the damage cause or indemnification for the consequential damages so if for example a stole or took the cell phone a b then a committed the crime of death or robbery as the case may be now if a is convicted of the crime whether tough or robbery then aside from his criminal liability which is punished by imprisonment that convicted criminal will also have what we call sea bill liability a toxic liability civil liability nato class would include the following first cell phone calling in a mobility cell phone then that convicted criminal must pay the price or the value of that loss or destroy cell phone now [Music] then the convicted criminal should also pay for the damage costs to the cell phone then aside from restitution reparation the convicted criminal also must pay or indemnify the victim for consequential damages so the convicted criminal must pay other damages that his victim may have suffered by reason of the crime that he all right let us say because the thief stole the cell phone of b okay b was not able to uh let us say uh report for work because uh he has to report to the police and because b did not report for work for one day hindi and is an arab so under the law that is a consequential damages in other words b would not have suffered that loss of [Music] so under the law a must pay b for that consequential damage all right now what about article 1162 if 1161 talks about climbs or delex 1162 deals with what we call quasi denix now what makes it a quasi-delhi so delhi but it is not actually an intentional crime it is not actually a malicious offense but rather an offense committed by reason of negligence or recklessness all right so across quasi-derelict exists if number one there is an up or omission again when you say omission the person failed to do something that he is supposed to do all right then second there must be four or negligence because that person committed fault or because the person was at fault or because that person was negligent another person suffered damages either damages suffered personally or physically or damages suffered by the properties owned by that offended party and then fourth there must be a direct relation or connection of course and effect between the up permission and the damage all right in other words uh this is what we call uh uh what we call cause and effect situation where if not for that negligence or if not for that fault or negligence there could have been no damage or injury okay and then number five there should be no pre-existing contractual relation between the parties in other words because otherwise kasich class if the parties have a contract if there is an existing contract between the parties and the one of them was negligent in the performance of his obligation then the obligation to pay damages arises not from quasi-delic but from contract in other words it is a contractual obligation and not an obligation because of quasi delhi okay example let us say uh the person went to is a lot okay [Music] [Music] between that customer and salon okay but suppose because of fault because of negligence something happened to the customer okay so there is damage now and there is negligence but the obligation of the salon to compensate the obligation of the salon to pay damages does not arise from quasi-delhi but from contra so in which case it is what we call an obligation arising from contract the obligation to pay arises from contract and not from quasi delhi all right so how do you distinguish crime from quasi delhi now basically crime involves malice or intent right but quasi delhi there is no malice there is no intent but there is what we call negligence imprudence or lack of foresight or lack of skill okay uh uh what we call assessment of the possible consequences of their acts or omissions second in crime the purpose is to punish the offender in quasi-delhi the purpose is to compensate the appended party for the damages sustained in crime the offender is criminally and simply reliable but in quasi delhi the offender is only civilly liable in crime although the convicted criminal is criminally and simply reliable the civil aspect of the crime may be the subject of compromise evil aspect pretty much what they call settlement in quasi-delhi the civil liability can be compromised in crime the guilt of the accused must be proven beyond reasonable [Music] [Music] in other words in case of doubt the court should acquit the accused but in quasi delhi the proof needed to establish the liability of the defendant is not proved beyond reasonable doubt but preponderance of evidence only in other words between the two standards of evidence the unreasonable doubt and preponderance of evidence must strict and proof beyond reasonable doubt in preponderance of evidence for as long as the weight of evidence is a defendant then the court must hold the defender liable to the offended party but again uh let me clarify this class as i mentioned a while ago there can be crimes that can be committed negligently or recklessly in other words there is no malice there is no evil intent but there is only negligence or improvements but just the same because of the negligence because of the imprudence or recklessness somebody died somebody sustained injuries or properties have been damaged i don't know religion talk nothing they thought these are the so-called reckless improvements resulting in let's say homicide physical injuries or even damage to property so if you will ask if the accident could be a basis of a criminal case for reckless imprudence resulting in homicide or physical injuries or damage or property on one hand but it could also be the basis of a civil case for quasi delhi which should be filed by the offended party let us say can find a criminal case and what case is that reckless imprudence resulting in damage to property and that is a criminal case but you could also choose to file a civil case for damages on ground of quasi delay so between a criminal case and a civil case of course must maybe get a criminal case bucket because aside from civil liability there could also be criminal liability and when we say criminal liability there is the chance or the possibility that the convicted criminal could be sent to prison and like in the case of quasi-delegate since this is only a civil case now there is no way there is no reason for the defendant to be sent to jail so if you are the one fighting the case we can say that to put more pressure on the defendant it could be better that you find a criminal case for reckless improvements resulting in damage to property than a simple case for damages based on quasi delic but take note class that you cannot file both cases what i'm trying to say is this once the offended party files a criminal case then he can no longer file a civil case for damages arising from that same incident okay so that is not allowed the choice of one remedy excludes the other remedy thank you