Sources of obligation

Article 1157 of the Civil Code of the Philippines provides the sources of an obligation, to wit:

Art. 1157. Obligations arise from:

(1) Law;

(2) Contracts;

(3) Quasi-contracts;

(4) Acts or omissions punished by law; and

(5) Quasi-delicts. (1089a)

 a. Law

Obligations arise when imposed by the law itself and cannot be presumed. (Art. 1158, CC)

b. Contracts

Obligations arise from the stipulation of the parties; it has the force of law and should be complied with in good faith. (Art. 1159, CC)

c. Quasi-Contracts

Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense of another. (Art. 2142, CC)

d. Acts or Omissions Punishable by Law

Responsibility for fault or negligence under a quasi-delict (Art. 2176, CC) is entirely separate and distinct from the civil liability arising from negligence under the penal code. But the plaintiff cannot recover damages twice for the same act or omission of the defendant. (Art. 2177, CC)

e. Quasi-Delicts

Obligations arise from damages caused to another through an act or omission, there being fault or negligence but no contractual relations exist between the parties. (Art. 2176, CC)

Popular Posts