Overview of Obligations under the Civil Code of the Philippines

Introduction

• Lecture by Attorney Javier, focused on the concept of obligations.
• Not a substitute for legal advice or comprehensive study.
• Sponsored by Digest.ph, an online law library with downloadable case digests and Supreme Court decisions.

Definition of Obligation

• Article 1156: Obligation defined as a judicial necessity to give, to do, or not to do.
  • A legal relationship where a creditor can demand performance from a debtor.
• Obligations are enforceable in court in case of non-compliance by the debtor.

Sources of Obligations

• Article 1157: Sources include:
  • Law: Obligations can arise from legislative enactments (e.g., taxes).
  • Contracts: Agreements between parties.
  • Quasi Contracts:
    • E.g., Negotium Gestio: Management of another's property in urgent situations without prior authorization.
    • E.g., Solutio Indebiti: Obligation to return mistakenly received benefits.
  • Delicts/Crimes: Civil liability arising from criminal actions (e.g., restitution).
  • Quasi Delicts: Liability from negligent acts causing damage.

Types of Obligations

Personal vs. Real Obligations

• Personal Obligations: Involves performing an act or refraining from doing it.
• Real Obligations: Involves the duty to deliver a thing.

Determinate vs. Generic Obligations

• Determinate: Specifically identified items.
• Generic: Identified by kind but not specifically.

Liability for Loss or Damage

• Article 1174: No liability for loss due to fortuitous events unless otherwise stipulated.
• Conditions for liability: Must not be due to the debtor's negligence or fault.

Incidents in the Life of Obligations

• Prestations: The three forms of performance - to give, to do, or not to do.
• Accessions and Accessories:
  • Accessions: Natural products (e.g., fruits of a tree).
  • Accessories: Items used for embellishment (e.g., keys).
• Rights of Creditors:
  • Before delivery: Limited to demanding performance.
  • After delivery: Acquire real rights.

Breach of Obligation

• Breach occurs with:
  • Late, incomplete, or irregular performance.
  • Remedies include specific performance, damages, or rescission of contract.
• Legal Delay:
  • Occurs after judicial or extrajudicial demand.
  • Different rules for late performance based on who is at fault (debtor vs. creditor).

Types of Obligations

• Pure Obligations: Demandable immediately.
• Conditional Obligations: Depends on the occurrence of a future event (suspensive) or ends when a condition occurs (resolutory).
• Obligations with a Period: Must wait until a specific time.
• Alternative Obligations: Several options available for performance.
• Joint vs. Solidary Obligations:
  • Joint: Each debtor liable only for their share.
  • Solidary: Each debtor liable for the full obligation.

Modes of Extinguishing Obligations

1. Payment or Performance: Must be complete and to the authorized recipient.
2. Loss of Object: Extinguishes obligations for determinate things only.
3. Condonation: Forgiveness of debt.
4. Confusion/Merger: Debtor becomes creditor.
5. Compensation: Mutual debts extinguished under certain conditions.
6. Novation: Changing the terms or parties involved in the obligation.

Conclusion

• Overview covered essential points of obligations under the Civil Code.
• For more details, refer to textbooks or further episodes in the Obligation series.