Overview of Obligations under the Civil Code of the Philippines

Introduction

• Presented by Attorney Javier
• Educational purpose; not a substitute for legal advice
• Encourages viewers to study law and textbooks for deeper understanding
• Sponsored by Digest.ph, an online law library

Definition of Obligation

• Article 1156: Obligation defined as a judicial necessity to give, do, or not to do.
• Legal relationship between Creditor and Debtor.
  • Creditor: Has the right to demand performance.
  • Debtor: Must fulfill the obligation.
• Enforceable in court if there is non-compliance.

Sources of Obligations

• Article 1157: Sources include:
  • Law: Obligations created by laws (e.g., tax laws).
  • Contracts: Voluntary agreements between parties.
  • Quasi Contracts:
    • Examples:
      • Negotium Gestio (Articles 2144-2153): Management of another's property in urgency (e.g., typhoon).
      • Solutio Indebiti (Articles 2154-2163): Payment made by mistake must be returned.
  • Delicts/Crimes: Civil liability accompanies criminal liability (Article 100).
  • Quasi Delicts: Negligent acts causing damage (Article 2176).

Incidents in the Life of Obligations

Types of Prestations

• To Give: Real obligations, delivery of a thing.
  • Determinate vs. Generic:
    • Determinate: Specific item (e.g., a specific car).
    • Generic: Class of items (e.g., any car).
• To Do/Not to Do: Personal obligations.
  • Positive (to do) and negative (not to do) obligations.

Liability for Loss/Damage

• Article 1174: No liability for losses due to fortuitous events, except in certain circumstances.
• Determinate things lost without fault of the debtor do not incur liability if not late.
• Debtor must take care of the item before delivery (Article 1163).

Delivery Requirements

• Article 1166: Complete delivery includes accessions (natural products) and accessories (items for use/preservation).
• Creditor's Rights:
  • Before delivery: Personal right to demand.
  • After delivery: Real right to the fruits.

Breach of Obligations

Types of Breach

• Late or Irregular Performance: Can lead to claims for damages.
• Specific Performance: Demand compliance or damages depending on type of obligation.
• Reciprocal Obligations: Both parties must fulfill; breach leads to remedies of either specific performance or rescission.

Delay and Default

• Legal Delay: Occurs with judicial/extrajudicial demand.
• Ordinary Delay vs. Legal Delay: Only legal delay constitutes breach (Article 1169).
• Consequences of Delay:
  • Debtor liable for damages if in delay.
  • Creditor liable for damages if they delay acceptance.

Types of Obligations

• Pure Obligations: Immediately demandable.
• Conditional Obligations: Performance depends on uncertain future event (suspensive vs. resolutory).
• Obligations with a Period: Must wait for a certain due date.
• Alternative Obligations: Debtor can choose which performance to render.
• Joint vs. Solidary Obligations:
  • Joint: Each debtor liable only for their share.
  • Solidary: Each debtor liable for the full obligation.

Extinguishing Obligations

Main Modes of Extinction

• Payment or Performance: Must be complete and to the correct party.
• Loss of Thing: Only applies to determinate things (not for generic).
• Condonation: Forgiveness of debt.
• Confusion: Debtor becomes their own creditor.
• Compensation: Mutual debts extinguished.
• Novation: Change in obligation's terms or parties.

Additional Modes of Extinction

• Death of party, mutual withdrawal, arrival of resolutory period, fulfillment of resolutory condition, compromise, impossibility of fulfillment, fortuitous events, prescription, recession, and nullity of contract.

Conclusion

• This overview covers the essentials. For more details, refer to textbooks or the full series on obligations.
• Encourages ongoing study and engagement with legal concepts.