BOOK IV

OBLIGATIONS AND CONTRACTS

TITLE I — OBLIGATIONS

CHAPTER 1
GENERAL PROVISIONS

Article 1156. An obligation is a juridical necessity to

give, to do or not to do.

Concept of Obligations. — Evidently, the above defi nition of

an obligation is adopted from Sanchez Roman’s classic defi nition of
an obligation as “the juridical necessity to comply with a prestation.”
Manresa, on the other hand, defi nes it as a “legal relation established
between one person and another, whereby the latter is bound to the
fulfi llment of a prestation which the former may demand of him.’’

It must be observed, however, that obligations may be either

civil or natural. A civil obligation is one which has a binding force in
law, and which gives to the obligee or creditor the right of enforcing it
against the obligor or debtor in a court of justice. This is the obligation
which is defi ned in Art. 1156 of the Code. A natural obligation, on
the other hand, is one which cannot be enforced by action, but which
is binding on the party who makes it in conscience and according to

New provision.
4 Sanchez Roman 53.
8 Manresa, 5th Ed., Bk. 1, p. 21.
Art. 1423, Civil Code.

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Art. 1156 OBLIGATIONS

the natural law. Thus, when an action has prescribed in accordance

with the statute of limitations, a natural obligation still subsists,
although the civil obligation is extinguished. This may be illustrated
by the following example: If A has a right of action, evidenced by
a promissory note, to collect one thousand pesos from B, and such
promissory note prescribes after the expiration of ten years from
the time it accrues, although the latter is no longer bound to pay
the obligation in accordance with the statute of limitations, he is
still bound to pay in accordance with equity and natural law. It is,
therefore, clear that a civil obligation and a natural obligation may
be distinguished from each other as follows:
(1) A civil obligation is based on positive law, while a natural
obligation is based on equity and natural law; and
(2) The former is enforceable in courts of justice, while the
latter is not.

Requisites of Obligations. — An obligation has four essential

requisites. They are:
(1) A juridical or legal tie, which binds the parties to the
obligation, and which may arise from either bilateral or unilateral
acts of persons;
(2) An active subject known as the obligee or creditor, who
can demand the fulfi llment of the obligation;
(3) A passive subject known as the obligor or debtor, against
whom the obligation is juridically demandable; and
(4) The fact, prestation or service which constitutes the object
of the obligation.

The form in which the obligation is manifested is sometimes

added as a fi fth requisite. As a general rule, however, it cannot be
considered as essential. Obligations arising from law, quasi-con-
tracts, acts or omissions punished by law, and quasi-delicts do not
require any form whatsoever, yet there can be no question regard-

3 Bouvier’s Law Dictionary, 2394-2395.

Art. 1144, Civil Code.
Agoncillo vs. Javier, 38 Phil. 424; Villaroel vs. Estrada, 71 Phil. 40.
Art. 1423, Civil Code.
Giorgi, Teoria de las Obligaciones, Vol. 1, p. 13; 3 Castan, 7th Ed., p. 20.