CIVIL LAW: OBLIGATIONS AND CONTRACTS UNDER PHILIPPINE LAW
I. General Principles of Obligations
- Definition of Obligation: - According to the Civil Code of the Philippines, an obligation is a juridical necessity to give, to do, or not to do (Art. 1156).
- Obligations create a binding force that mandates one or more persons to undertake or refrain from undertaking certain acts.
 
- Elements of an Obligation: - Active Subject (Creditor/Obligee): The party entitled to demand fulfillment.
- Passive Subject (Debtor/Obligor): The party obliged to perform.
- Object/Prestation: The obligation's subject matter (i.e., to give, to do, or not to do).
- Juridical or Legal Tie: The binding cause or source of the obligation, like a contract or law.
 
- Sources of Obligations (Art. 1157): - Law: Obligations imposed by law, independent of the will of the parties.
- Contracts: Agreements with the force of law due to the parties' voluntary engagement.
- Quasi-Contracts: Arise when certain lawful, voluntary acts produce obligations.
- Delicts: Obligations arising from crimes or offenses.
- Quasi-Delicts (Torts): Obligations from damage caused by fault or negligence not constituting a criminal offense.
 
- Types of Obligations: - Pure and Conditional Obligations: Unconditional or conditioned on certain events.
- Obligations with a Period: With a determinate time for fulfillment.
- Alternative and Facultative Obligations: Various modes of performance.
- Joint and Solidary Obligations: Divisible or indivisible obligations among parties.
 
II. Types of Obligations Based on Prestation
- To Give: - Obligations involving the delivery of a thing.
- The obligor must take care of the thing as a good father of a family (Art. 1163).
 
- To Do: - Involves undertaking a certain act.
- Non-performance allows the creditor to obtain performance at the debtor’s expense.
 
- Not to Do: - Obliges the debtor to refrain from specific actions.
- Breach allows the creditor to demand the undoing of the act at the debtor’s expense.
 
III. Extinguishment of Obligations (Art. 1231)
- Payment or Performance: - General Rule: Delivery and payment extinguish obligations.
- Special Rules: Partial payments or performances may not extinguish the whole obligation.
 
- Loss of the Thing Due: - When the specific thing is lost or destroyed without fault of the obligor, the obligation is extinguished (Art. 1262).
 
- Condonation or Remission: - Voluntary release by the creditor of the obligation of the debtor.
 
- Confusion or Merger: - When the qualities of the creditor and debtor are merged in one person.
 
- Compensation: - When two parties owe each other and offset their obligations mutually.
 
- Novation: - Replacing an old obligation with a new one, either by changing the object, principal, or parties.
 
IV. Contracts
- Definition of Contract (Art. 1305): - A meeting of minds between two or more persons whereby one binds oneself, with respect to the other, to give something or render some service.
 
- Essential Requisites of Contracts (Art. 1318): - Consent: Agreement between the parties.
- Object: The subject matter must be within the commerce of men.
- Cause: The consideration or reason for the contract.
 
- Stages of a Contract: - Preparation or Negotiation: Parties propose terms.
- Perfection or Birth: Parties agree on the contract's terms.
- Consummation: Performance and fulfillment of the contract.
 
- Classifications of Contracts: - As to Perfection: Consensual, real, and formal contracts.
- As to Cause: Onerous, gratuitous, and remunerative contracts.
- As to Parties: Unilateral (one party is bound) and bilateral (both parties are bound).
 
- Freedom to Contract: - Contracts can be created as long as they are not contrary to law, morals, good customs, public order, or public policy.
 
V. Specific Types of Contracts
- Contract of Sale: - Ownership is transferred upon delivery of the thing sold and payment of the price.
 
- Lease of Things or Services: - Lease of Things: A person binds oneself to give enjoyment of a thing for a certain period in exchange for price.
- Lease of Services: One party binds oneself to render a service for a price.
 
- Agency: - A person binds oneself to render some service or do something on behalf of another with the latter's consent.
 
VI. Defective Contracts
- Rescissible Contracts: - Valid but can be rescinded due to external circumstances, such as prejudice to creditors.
 
- Voidable Contracts: - Valid until annulled due to defects in consent, like fraud, intimidation, or incapacity.
 
- Unenforceable Contracts: - Cannot be enforced unless ratified due to a lack of authority, lack of proper formalities, or absence of legal representation.
 
- Void Contracts: - No legal effect due to a violation of essential legal requirements, such as those contrary to public policy.
 
VII. Remedies for Breach of Contract
- Specific Performance: - Demanding actual fulfillment of the contract’s obligations.
 
- Rescission: - Canceling the contract due to substantial breach.
 
- Damages: - Claim for compensation due to breach:- Actual Damages: Compensate actual losses.
- Moral Damages: Awarded for emotional suffering.
- Exemplary Damages: To deter similar conduct.
- Nominal Damages: Symbolic amount when no actual loss.
 
 
- Claim for compensation due to breach: