General Provisions | Obligations | OBLIGATIONS AND CONTRACTS

Under the Philippine Civil Code, "Obligations" refer to a legal tie or bond between two or more persons by virtue of which one is bound to render service, give something, or refrain from an act. Within the framework of Philippine Civil Law, obligations and contracts are governed primarily under Title I (Obligations) of Book IV of the Civil Code, where general provisions on obligations are defined and discussed. Below is an exhaustive explanation of these concepts and their applications:


1. Definition of Obligation

The Civil Code defines an obligation in Article 1156 as a juridical necessity to give, to do, or not to do something. It binds one party (the obligor) to perform a specific act for another party (the obligee). Obligations arise from various sources, which may include law, contracts, quasi-contracts, delicts, or quasi-delicts.


2. Sources of Obligations (Article 1157)

Obligations in Philippine law originate from:

  • Law: Obligations imposed by legal provisions without the need for a contract. An example is the obligation to pay taxes.

  • Contracts: Agreements with binding force upon the parties, as outlined in Articles 1305-1370 of the Civil Code.

  • Quasi-contracts: Arise when a person is benefited by another without a prior agreement, creating a duty to return or compensate. Common examples include the "Negotiorum Gestio" and "Solutio Indebiti."

  • Acts or omissions punishable by law (Delicts): Arising from criminal liability and entailing civil obligations.

  • Quasi-delicts: Arising from fault or negligence that causes harm to another without a prior contractual relation, as in Article 2176 of the Civil Code.


3. Types of Obligations

a. Pure and Conditional Obligations (Articles 1179-1192)

  • Pure Obligations: These are obligations that demand immediate compliance, without any condition or term.

  • Conditional Obligations: Fulfillment depends on a future or uncertain event. Conditional obligations can be:

    • Suspensive: Fulfillment suspends the obligation’s efficacy.
    • Resolutory: Fulfillment extinguishes the obligation.

b. Obligations with a Period (Articles 1193-1198)

  • With a Definite Term: Obligation is dependent on a certain future time.
  • With an Indefinite Term: Fulfillment depends on an uncertain future date but one that is certain to arrive (e.g., the obligor’s death).

c. Alternative and Facultative Obligations (Articles 1199-1206)

  • Alternative: The obligor can choose between different prestations.
  • Facultative: Only one prestation is due, but the obligor may substitute it with another.

d. Joint and Solidary Obligations (Articles 1207-1222)

  • Joint Obligations: Each debtor is liable only for their share of the obligation.
  • Solidary Obligations: Each debtor may be compelled to pay the entire obligation, as set forth in Article 1216.

e. Divisible and Indivisible Obligations (Articles 1223-1225)

  • Divisible: Performance can be physically and materially divided.
  • Indivisible: Performance cannot be divided due to the nature of the prestation.

f. Obligations with a Penal Clause (Articles 1226-1230)

A penal clause imposes a penalty in case of non-compliance, serving as a form of punishment or deterrent.


4. Modes of Extinguishing Obligations (Articles 1231-1304)

Obligations are extinguished by any of the following modes:

a. Payment or Performance (Articles 1232-1251)

  • General Rule: Fulfillment by delivering the thing, doing, or not doing what was agreed.
  • Special Rules: Includes payment by cession, dation in payment, and application of payment.

b. Loss of the Thing Due (Articles 1262-1269)

  • Total Loss: Extinguishes the obligation if the loss is without fault and prior to delivery.
  • Partial Loss: Obligation may subsist with proportionate reduction.

c. Condonation or Remission of Debt (Articles 1270-1274)

  • A voluntary renunciation of a debt, either wholly or partially, by the creditor.

d. Confusion or Merger of Rights (Articles 1275-1277)

When the qualities of creditor and debtor are merged in the same person.

e. Compensation (Articles 1278-1290)

Occurs when two parties are mutually indebted to each other, allowing debts to offset each other under certain conditions.

f. Novation (Articles 1291-1304)

Changing the object, principal condition, or parties involved. It may be subjective (changes the persons) or objective (changes the obligations or conditions).


5. Breach and Remedies (Articles 1170-1174)

a. Delay (Mora)

Delay in the performance constitutes a breach:

  • Mora Solvendi: Delay on the part of the debtor.
  • Mora Accipiendi: Delay on the part of the creditor.

b. Negligence (Culpa)

Failure to observe due diligence, where breach arises from negligence.

c. Fraud (Dolo)

Intentional non-performance by the obligor, giving the creditor the right to demand damages.

d. Remedies in Case of Breach

  • Specific Performance: Court compels the obligor to fulfill the obligation.
  • Substitute Performance: The creditor is allowed to perform the obligation at the debtor’s expense.
  • Rescission: The contract may be rescinded, restoring both parties to their original positions.
  • Damages: Compensation for losses suffered due to breach.

6. Principles Governing Obligations (General Provisions)

a. Principle of Autonomy of Will

Parties are generally free to stipulate terms in their contract provided they are not contrary to law, morals, or public policy.

b. Good Faith and Justice

Obligations must be fulfilled in good faith, ensuring the debtor and creditor uphold fairness and do not act in bad faith.

c. Pacta Sunt Servanda

Agreements entered into voluntarily must be honored, as established in Article 1306.

d. Duty of Due Diligence

Obligors must perform with the degree of diligence expected based on the nature of the obligation or as expressly agreed upon by the parties.


This comprehensive overview covers the essential aspects of obligations under Philippine Civil Law's general provisions. The obligations structure ensures clarity and justice in relations involving binding commitments and the consequences arising from failure to uphold them.