OBLICON - Assignmet 001

DISCUSSIONS
1. What are the essential requisites of an obligation? Give examples to illustrate them.
Accordingly, there are four essential requisites of an obligation, namely:
 Passive subject (Debtor or obligor) – he who has the duty.

 Active subject (Creditor or Obligee) – he who has a right.
 Object or prestation – it is the duty that the debtor must fulfill.
 Juridical or legal tie – it is the source of the obligation.
Example:
D is obliged to pay A an amount of P100,000 with an annual interest rate of 10% on December 31,
2022, pursuant to the promissory note made by D. D is passive subject; C is the active subject; the
payment of P100,000 plus an annual interest rate of 10% on December 31, 2022, is the prestation
and the promissory notes is the juridical tie. The obligation in the examples requires a unilateral act
on part of D to perform a particular conduct.
2. Why are obligations under the civil code a juridical necessity? Explain
It is a juridical necessity because the creditor has given a right under the law to enforce the fulfillment of
the said obligation or in default the economic value it represents in case of noncompliance of the
debtor. Further, creditor have also the right to demand damages for injury or harm that he suffered for
the violation of his right. Therefore, the debtor must comply his obligation for him to be safe against
undesirable consequences.
3. What are the elements or requisites in order that the person may acquire a right of action in court
against another to enforce the performance of the latter’s obligation?
Essentially, the creditor may acquire a right of action in court to enforce the latter’s obligation if all of the
elements presented below are present:
a. A creditor must have a legal right.
b. A debtor must have an legal obligation to respect or not to violate said right.
c. An act or omission of the debtor in the violation of the said right which causes injury or damages.
4. May a person incur obligation even without entering into any contract or voluntary agreement? Explain.
Yes. Article 1157 provides that an obligation may arise from law, contracts, quasi-contracts, act or
omission punished by law, and quasi-delicts. A person that incurred obligation without entering a
contract is an example of Quasi-Contract. Quasi-contract is a juridical relation resulting from lawful,
voluntary, and unilateral acts by virtue of which the parties become bound to each other to the end that
no one will be unjustly enriched or benefited at the expense of another. (Art. 2142.) Unlike contract,
quasi- contract has no formal agreement between the two parties in which there is no consent.
However, the said consent is assumed or supplied by the fiction of law. This is for the intention that no
one will be unjustly enriched or benefited at the expense of another.
PROBLEMS
1. According to the law, X is entitled to be reimbursed by Y for the amount of 150. The said case is an
example of Negotiorum gestio. Negotiorum gestio is the voluntary management of the property or
affairs of another without the knowledge or consent of the latter. (Art. 2144.) Without the consent of Y,
the law assumes the consent of X in the obligation. Y benefited at the expense of X and this is an
example of an obligation arises from quasi-contract. Thus, X is liable for reimbursement for the amount
of 150, unless it appears that Y give it out of piety and without intention of being paid.
2. Y can be held liable to X for quasi-delicts if the following requisites are present:
1. There must be an act or omission;

2. There must be fault or negligence;
3. There must be damage caused;
4. There must be a direct relation or connection of cause and effect between the act or omission and
the damage; and
5. There is no pre-existing contractual relation between the parties.
If the following requites are present, then Y guilty of negligence without any criminal intent. Thus, Y
is liable to pay damage done to X.

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DISCUSSIONS

Accordingly, there are four essential requisites of an obligation, namely:

 Passive subject (Debtor or obligor) – he who has the duty.

1. There must be an act or omission;

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