Meaning of Obligation

Under Article 1156 of the Civil Code of the Philippines “An obligation is a juridical necessity to give, to do, or not to do” Thus under the law an obligation may be 1 To give something 2 To do something 3 Or to not do something

deliver a thing to another. Travel Shop, once a tourist bought a souvenir, it has now an obligation to give.

rendering service/s to another. Events Planner, once an agreement to plan the client’s event had been made, he now has the obligation to provide his services.

inhibiting oneself from doing an act. Guests may be penalized when smoking in non-smoking floors.

Art. 1157 of the New Civil Code: Law Contract Quasi-Contract Delict Quasi-Delict

- Obligation to pay taxes to the government  - Obligation to apply for business permit from the local government unit where the physical office of your business is located - Obligation to support your child

Contract of Sale Contract of Service Contract of Loan Contract of Transportation

In this kind of source, there is no meeting of them mind,  however one party that benefitted from the act of another  must indenify the other party for expenses  he had incurred in favor of the party benefitted. Basis shall be arts. 1167 and 1168 of the New Civil Code

Article 1167 Article 1168

states that when a person in injured and he was helped without his consent , he shall still be liable to pay for the services of the physician or other person who aided him, unless it was gratuitously given.

when during natural calamities, such as fire, flood, storm, or other calamities, property or pieces of property was saved, the owner is bound to pay just compensation, whether or not the owner has knowledge of the act of saving.

• A party is injured • Injury is due to the negligence or fault of another • Connection between the fault or negligence of the one party and the injury incurred by the other party • There is no pre-existing contractual relation between the parties

In this kind of source, there is no meeting of them mind,  however one party that benefitted from the act of another  must indenify the other party for expenses  he had incurred in favor of the party benefitted. Basis shall be arts. 1167 and 1168 of the New Civil Code

3) The owners and managers of an establishment or enterprise, with respect to damages caused by their employees  in the service of the branches in which the latter are employed or on the occasion of their functions;    (4) Employers with respect to damages of their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry.

(3) As a general rule when an injury is caused by the employee while performing his function, there is a presumption of negligence on the part of the employer in either the selection or supervision of the employees, it is not without an exception. (4) The presumption is rebuttable upon presentation of the employer of a proof that he observed the diligence of a good father of the family in the selection and supervision of his employee.

By payment or performance Loss of the thing due (specific thing) Condonation  Merger - rights of creditor & debtor Compensation Novation Annulment  Rescission Fulfillment of resolutory condition Prescription

1.Those damages that are capable of pecuniary computation 2. Those damages that are incapable of pecuniary estimation

1.) Actual Damages  2.) Moral Damages  3.) Nominal Damages  4.) Temperate or Moderate Damages  5.) Liquidated Damages  6.) Exemplary or Corrective Damages

Civil, Natural, Moral

this type of obligation when not fulfilled may be enforced by the civil courts

this type of obligation cannot be enforced by law but which authorizes the retention upon voluntary payment or performance by the debtor