The Civil Code of the Philippines (Republic Act No. 386, as amended) dedicates Book IV to Obligations and Contracts. Title I of Book IV, entitled “Obligations,” begins with Chapter 1, the General Provisions, comprising Articles 1156 to 1178. These twenty-three articles lay down the foundational concepts that govern all obligations in Philippine law, regardless of whether they arise from law, contracts, quasi-contracts, crimes, or quasi-delicts.

The general provisions are the constitutional framework of obligation law: every rule in the succeeding chapters on contracts, quasi-contracts, natural obligations, estoppel, trusts, damages, and specific modes of extinguishment must conform to these basic principles.

Article 1156: Concept and Definition of Obligation

“Art. 1156. An obligation is a juridical necessity to give, to do, or not to do.”

This is the single most important article in Philippine obligation law. The Supreme Court has repeatedly held that an obligation is a juridical necessity precisely because it can be enforced in court through a compulsory judicial process that culminates in execution upon the debtor’s property if he refuses to perform voluntarily.

The three forms of prestation are:

To give (obligation dare) – delivery of a determinate or indeterminate thing.
To do (obligation facere) – performance of an act or service.
Not to do (obligation non facere) – abstention from an act.

All obligations in Philippine law must fall under one or a combination of these three.

Article 1157: Sources of Obligations

“Art. 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (5) Quasi-delicts.”

This enumeration is exclusive. There is no sixth source recognized in Philippine law. The Supreme Court has consistently ruled that obligations must trace their origin to one of these five sources (Republic v. Bagtas, G.R. No. L-17474, October 25, 1962; Air France v. Carrascoso, G.R. No. L-21438, September 28, 1966).

Articles 1158–1162: Detailed Enumeration of Each Source

Art. 1158 – Obligations derived from law are not presumed. They must be expressly or impliedly provided by law and clearly pointed out (e.g., obligation to pay taxes, support under the Family Code, employer’s obligation to give 13th-month pay under P.D. 851).

Art. 1159 – Obligations arising from contracts have the force of law between the contracting parties and must be complied with in good faith. This is the principle of pacta sunt servanda as elevated to statutory rank.

Art. 1160 – Quasi-contracts: juridical relations arising from lawful, voluntary, and unilateral acts to prevent unjust enrichment. The two principal kinds recognized are: (a) Negotiorum gestio (unauthorized management) (b) Solutio indebiti (payment by mistake)

Art. 1161 – Civil obligations arising from criminal offenses: every person criminally liable is also civilly liable (Art. 100, Revised Penal Code). The civil liability includes restitution, reparation, and indemnification.

Art. 1162 – Quasi-delicts (culpa aquiliana): Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. This is the basis of tort law in the Philippines.

Articles 1163–1168: Nature and Effect of Obligations

Art. 1163 – Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care.

This is the default standard: ordinary diligence (bonus pater familias). Extraordinary diligence is required in cases provided by law (common carriers, depositaries, pledgees, agents).

Art. 1164 – The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him.

This distinguishes personal right (jus in personam) from real right (jus in rem). Before delivery, the creditor has only a personal right to demand delivery. Upon delivery, a real right is created.

Art. 1165 – Three key scenarios when the thing is lost or deteriorates:

(1) If the thing is lost in the possession of the debtor without his fault and before he has incurred in delay → obligation is extinguished.

(2) If the thing is lost through debtor’s fault → debtor is liable for damages.

(3) When the obligation is to deliver a generic thing → loss does not extinguish the obligation (genus nunquam perit).

Art. 1166 – The obligation to give includes that of delivering all its accessions and accessories, even though they may not have been mentioned.

Art. 1167 – If a person obliged to do something fails to do it, the same shall be executed at his cost. If he does what has been forbidden, it shall also be undone at his expense.

Art. 1168 – When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall be undone at his expense.

Articles 1169–1174: Grounds for Liability

Art. 1169 – Delay (mora)
There are two kinds:

Mora solvendi – default by the debtor
Requisites: (a) obligation is demandable and liquidated (b) debtor delays performance (c) creditor judicially or extrajudicially demands performance
Mora accipiendi – default by the creditor
Compensatio morae – both parties are in default (rare in bilateral obligations)

Art. 1170 – Grounds that give rise to liability:

Fraud (dolo)
Negligence (culpa)
Delay (mora)
Breach in any manner of the obligation

Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.

Art. 1171 – Responsibility arising from fraud in the performance (incidental fraud) is also demandable, but waiver of future incidental fraud is valid.

Art. 1172 – Responsibility arising from negligence (culpa contractual) is likewise demandable. Negligence may be waived unless public policy prohibits it.

Art. 1173 – Degrees of negligence:

Negligence is either:

Substantial (gross) – equivalent to fraud
Ordinary (simple)
Slight (levissima)

The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place.

Art. 1174 – Fortuitous event (caso fortuito or force majeure)
No liability if the obligation cannot be performed due to fortuitous event, except:

(1) when expressly specified by law (e.g., common carriers remain liable even for fortuitous events unless Act of God is the proximate cause) (2) when declared by stipulation (3) when the nature of the obligation requires the assumption of risk (4) when the fortuitous event occurred after debtor incurred delay (5) when debtor was already in bad faith or fraud

The landmark case is Nakpil & Sons v. CA (G.R. No. L-47851, April 15, 1988), which established that the fortuitous event must be the sole and proximate cause, independent of any negligence.

Articles 1175–1178: Accessory Aspects

Art. 1175 – Usurious transactions shall be governed by special laws (now primarily the Truth in Lending Act and BSP regulations). Usury is no longer penalized under the Civil Code since 1983.

Art. 1176 – Presumptions on payment:

(1) Receipt of principal without reservation as to interest → interest is deemed paid. (2) Receipt of later installment without reservation as to prior installments → prior installments deemed paid.

These are mere presumptions juris tantum, rebuttable by evidence.

Art. 1177 – Creditor’s remedies to protect credit (accion subrogatoria, accion pauliana, accion directa) are available once the obligation is due and demandable.

Art. 1178 – Rights and obligations are transmissible, unless the law, stipulation, or the nature of the obligation provides otherwise. This is the principle of transmissibility of rights by death or succession.

Conclusion

The general provisions in Articles 1156–1178 constitute the bedrock of Philippine obligation law. Every obligation, regardless of source, must conform to the definition in Article 1156, must arise from one of the five sources in Article 1157, and is governed by the rules on diligence, fruits, loss, delay, grounds for liability, and transmissibility contained in the succeeding articles.

These provisions are mandatory and of public order in character; parties cannot stipulate contrary to them except where the law expressly allows (e.g., standard of care, assumption of risk in fortuitous events). Understanding these twenty-three articles is indispensable for any proper analysis of contracts, damages, quasi-contracts, torts, or any civil obligation in Philippine jurisdiction.