LAW ON OBLIGATIONS

ARTICLE 1157 of CCP

Sources of Obligations
and their concepts
1
 Art. 1157
Sources of Obligations
La Co De Qua2
• La – Law (Obligation ex lege)
• Co – Contract (Obligation ex contractu)
• De – Delict/Delito/Felony
(Obligation ex maleficio/ex delicto)

• Qua – Quasi-contract
(Obligation ex quasi-contractu)

• Qua – Quasi-delict
(Obligation ex quasi-delicto/ex quasi-maleficio) 2
 Art. 1157
(Continued)

1. OBLIGATION ex
LEGE
LAW
• JURIS/LEX/LEY or LEYES/LEGE or LEGIS
Set/body of JEDO PRINGS made by competent authorities
and imposed in a particular territory for common
observance.
( refer to E-files -JEDO PRINGS ppt)

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 Art. 1157
(Continued)
KINDS OF POSITIVE LAWS IN THE PHILIPPINES
• Political/Constitutional Law
• Labor Law
• Civil Law
• Law on Taxation
• Criminal Law
• Commercial Laws
• Administrative Law
• Election Law
• Private International Law
• Public International Law
• Special Laws
• REMEDIAL LAW
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 Art. 1157
(Continued)

1. Obligation ex Lege
Art. 1158 of CCP
“Obligations derived from law are not
presumed. Only those expressly
determined in this Code or in special
laws are DEMANDABLE.”
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 Art. 1157
(Continued)

Obligation ex Lege
ANNOTATION
• To be demandable and enforceable, the obligation must be
stated by the law which created the obligation.
• Such being the case, the agreement of the parties under this
obligation is no longer necessary because it is the law which
governs their obligation.
• Obligations derived from law shall be governed by the law
which establishes them. In case of insufficiency, the same
shall be supplemented by the provisions of the Civil Code of the
Philippines.
• DURA LEX SED LEX
• The law maybe harsh but it is the law

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 Art. 1157
(Continued)
Obligation ex Lege
(refer to E-files –OBLIGATION EX LEGE)

Examples – Civil Code of the Philippines

• Art. 3. Ignorantia legis non excusat. Ignorance of the law excuses
no one from compliance therewith.
• Art. 19. Every person must, in the exercise of his
rights and in the performance of his duties, act
with justice, give everyone his due, and observe
honesty and good faith.

• Art. 26. Locus Regit Actum. Every person shall

respect the dignity, personality, privacy and peace of
mind of his neighbors and other persons.
• Art. 783. A will is an act whereby a person is permitted, with the
formalities prescribed by law, to control to a certain degree the
disposition of his estate, to take effect after his death.

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 Art. 1157(Continued)

2. Obligation ex Contractu
Art. 1305 of CCP
“A contract is a meeting of minds
between two persons whereby one binds
himself, with respect to the other, to give
something or to render some service.”

• STORY TELLING TIME

– “The Genie and the Woman”

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 Art. 1157(Continued)

Obligation ex Contractu
EXTRA CHALLENGE
Answer the following questions based on the
story-telling.

QUESTIONS

1. Do obligations exist in the story? Legally explain.

2. Was there a contract between the genie and the woman?
Legally explain.
3. What were the obligations of the genie to the woman?
4. What were the obligations of the woman to the genie?
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 Art. 1157(Continued)

Obligation ex Contractu

• A contract may be nominate (contract with a name

designated by law) or innominate (no designated
name)-Art. 1307 of CCP

• Art. 1159 of CCP

• “Obligations arising from contracts have the force
of law between the contracting parties and
should be complied with in good faith.”

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 Art. 1157(Continued)
Obligation ex Contractu

• Three doctrines affecting contracts – doctrines

of Liberty of Contracts (Art. 1306 CCP),
Mutuality of Contracts (Art. 1308 CCP) and
Relativity of Contracts (Art. 1311 CCP)

• A contract is by nature
“SINALAGMATICO”
Million Dollar Question- What is SINALAGMATICO?
• Refer to E-files-OBLIGATION EX CONTRACTU
• Note: to be extensively discussed further in the Midterm-Final
Phases

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 Art. 1157
(Continued)

3. OBLIGATION EX
DELICTO
• DELICT/DELITO/FELONY

Art. 3 RPC
“Acts and omissions punishable by law are called
felonies (delitos).”
Refer to E-files –BIBLES-RPC
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 Art. 1157
(Continued)

OBLIGATION EX DELICTO
Example of delict
ACT
The act of taking the property of
another without the latter’s consent
is a delict. It is a felony called THEFT
as defined in Arts. 308-311 of the
Revised Penal Code (see E-files).
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 Art. 1157
(Continued)

OBLIGATION EX DELICTO
Example of delict

OMISSION
The omission of the required diligence while
driving a motor vehicle and in violation of
the Motor Vehicle Law is an omission
punishable as RECKLESS IMPRUDENCE under
Art. 365 of the Revised Penal Code (see E-
files. 14
 Art. 1157
(Continued)
OBLIGATION EX DELICTO
ANNOTATION

As a rule, when a person commits

a felony, he can be held criminally
liable and if found guilty beyond
reasonable doubt with moral
certainty after trial, he will be
meted with the corresponding
penalty of imprisonment.
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 Art. 1157
(Continued)
OBLIGATION EX DELICTO
ANNOTATION
• And in addition, he can also be held civilly liable
(he shall answer and/or pay for damages)
because most often the commission of a felony
causes not only moral evil but also material damage.

• Such civil obligation is a necessary

consequence of criminal liability, and is to
be declared and enforced in the same criminal
proceeding except when the injured party reserved the
right to file the civil action independently from the
criminal action. (Sec. 1, Rule III, Revised Rules of Court)
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 Art. 1157
(Continued)
OBLIGATION EX DELICTO

ANNOTATION

• However, not all felonies cause material

injury. Therefore, if there is no material
damage to be compensated or to be
indemnified, there is no civil liability to be
indemnified.
• Footnote: In my practice of law, I have not filed a case in
court without the corresponding civil liability.

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 Art. 1157
(Continued)
OBLIGATION EX DELICTO
ANNOTATION

Proof or evidence required

1. When civil liability for damage is made in the
criminal case, proof or evidence beyond reasonable
doubt is required.

2. When claim for damage is filed separately with the

criminal action, mere preponderance of
evidence is enough.
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 Art. 1157
(Continued)
OBLIGATION EX DELICTO

ANNOTATION

Effect if the guilty party died pending trial

The civil obligation IS NOT EXTINGUISHED.

The injured party may file his claim
against the estate of the offended, but the
heirs are not liable beyond the value of the
property they received from the decedent
(Arts. 1178 and 1311 CCP)
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 Art. 1157
(Continued)

OBLIGATION EX DELICTO
ANNOTATION

Effect if the guilty party is acquitted of the criminal

case

The acquittal of the guilty party in the

criminal case filed DOES NOT
EXTINGUISH the civil liability unless it is
stated in the judgment that the fact from
which the civil action might arise did not
exist. (Sec. 3, Rule III, Revised Rules of Court)
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 Art. 1157 (refer to E-files-OBLIGATION EX
MALEFICIO-Simulated Court Trial)
NARL - NEW ANTI-RAPE LAW
(RA 8353- SPECIAL LAW)
1. Rape under the Old Anti-Rape
Law with the same attendant
circumstances
OARL - OLD ANTI-RAPE
LAW 2. Rape by SEXUAL ASSAULT
• Attendant circumstances – • With any of the attendant
force/violence/intimidation/undue circumstances –
influence/of tender age/woman is force/intimidation/violence/un
unconscious or is demented
• Rape through penetration of the due influence/of tender
MALE GENITALIA(PENIS) to the age/victim is unconscious or is
FEMALE GENITALIA(VAGINA) demented
• Mere knocking at the doors of the • A. P sexually attacking the
pudenda constitutes the felony called
rape AO/OO
• Thus, only a man • B. O sexually attacking the
V/AO
can rape a woman;
victim is always • C.Finger(s)/Hand(s)Tongue
FEMALE /Toe(s) considered as
objects 21
 Art. 1157 (Continued)

4. OBLIGATION ex QUASI-
CONTRACTU
Concept
It is an obligation from a juridical
relation which arises from certain
lawful, voluntary, and unilateral acts,
to the end that no one may be unjustly
enriched or benefited at the expense of
another.
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 Art. 1157 (Continued)

OBLIGATION ex QUASI-
CONTRACTU
Legal Basis

Art. 2142 CCP. Certain lawful, voluntary and

unilateral act gives rise to the juridical relation of
quasi-contract to the end that no one shall be
unjustly enriched or benefited at the expense of
another. 23
 Art. 1157 (Continued)

QUASI-CONTRACT
Elements
LUV
Lawful
Unilateral
Voluntary
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 Art. 1157 (Continued)

QUASI-CONTRACT
Forms of Quasi – Contract (Civil Code of the Philippines)

1. Art. 2144 – Negotiorum Gestio

2. Art. 2154 – Solutio Indebiti

3. Other forms 25
 Art. 1157 (Continued)
OBLIGATION ex QUASI-
CONTRACTU

Example 1

Mali Bog Cya, a merchant-farmer, and owner of a ten-

hectare agricultural land left for USA on a pleasure trip.
While enroute to USA, typhoon “Ligaya” devastated the
entire Philippines, including the land owned by Mal Bog
Cya. Before the typhoon reached the Philippine area of
responsibility, Masli Bog Rin, a neighbor of Mali Bog
Cya, employed six farmers to harvest the palay planted
on the land of Mali Bog Cya. The expenses incurred is
Php 6,000.00.
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 Art. 1157 (Continued)

OBLIGATION ex QUASI-CONTRACTU

Example 2

Daniel Padilla owes Kathryn Bernardo P100,000

payable on December 25, 2010. On December
25, 2007, DP, thinking that the obligation was
already due, paid KB the full amount of the
obligation. 27
 Art. 1157 (refer to E-files-
OBLIGATION EX CONTRACTU)

OBLIGATION ex QUASI-
CONTRACTU

EXTRA CHALLENGES
1. Which of the examples mentioned is
Negotiorum Gestio? What are the
obligations of the parties involved?
Legally explain.

2. Which of the examples cited is Solutio

Indebiti? What are the obligations of
the parties involved? Legally explain.
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 Art. 1157 (Continued)

5.
OBLIGATION ex
QUASI-DELICTO
Arts. 2176 – 2194 CCP

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 Art. 1157 (Continued)
QUASI-DELICT/TORT/CULPA
AQUILIANA

CONCEPT

Quasi-delict, or tort, or Culpa Aquiliana, is

the wrong committed against a person
independent of contract and without
criminal intent.

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 Art. 1157 (Continued)
QUASI-DELICT/TORT/CULPA
AQUILIANA
LEGAL BASIS- Art. 2176 CCP

“Whoever by act or omission causes damage

to another, there being fault or
negligence, is obliged to pay for the damage
done. Such fault or negligence, if there is
no pre-existing contractual relation
between the parties, is called a quasi-delict
and is governed by the provisions of this
Chapter.”
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 Art. 1157 (Continued)
QUASI-DELICT/TORCULPA AQUILIANA

BASIS OF LIABILITY
• Manresa, a Spanish Commentator in Civil Law states that the
liability for quasi-delict is founded upon an indisputable
principle of equity; namely, the fault or negligence
cannot prejudice anyone else besides its author, and in no
case should its consequences be borne by him who, without
will or fault on his part, becomes the victim of the result or
suffers the harm produced by such fault or negligence.

• He goes further and opined that a man is responsible not

only for his voluntary willful act executed consciously and
intentionally, but also for those acts performed without
lack of foresight, care and diligence, which caused
material harm to society or to other individuals.
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 Art. 1157 (Continued)
QUASI-DELICT/TORT/CULPA
AQUILIANA
Elements
Act or Omission
Fault or Negligence (Art. 1173 CCP)
Damage or Injury (Art. 2197 CCP))
No PECR

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 Art. 1157 (Continued)
QUASI-DELICT/TORT/CULPA AQUILIANA

Kinds of Culpa

Culpa Aquiliana or Civil Negligence/tort-negligence

INDEPENDENT of contract
Culpa Contractual or Contractual Negligence-
negligence in the performance of an obligation and/or
arising from contract
Culpa Criminal or Criminal Negligence- negligence
penalized by the Revised Penal Code

STORY TELLING TIME

• “Heaven versus Hell”

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 Art. 1157 (Continued)
QUASI-DELICT/TORT/CULPA
AQUILIANA
EXTRA CHALLENGES

1. Was there tort in the story of Heaven?

Legally explain.

2. Was there tort in the story of Hell?

Legally explain.

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 Art. 1157 (refer to E-files-OBLIGATION EX
QUASI-MALEFICIO)

QUASI-DELICT/TORT/CULPA
AQUILIANA
• Arts. 2180/2189/2190/2191/2193 CCP –
Doctrine of Vicarious Liability
• Art. 2187 CCP – Product Liability Suit(refer
to Consumer Act of the Philippines

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