Title III: Natural Obligations

Question 1

Article 1423

Answer 1

Obligations are civil or natural.
Civil obligations give a right of action to compel their performance. Natural obligations, not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof.

Some natural obligations are set forth in the following articles.

(return cant be demanded)

Question 2

Concept of Natural Obligations

Answer 2

The above article defines natural obligations.

“Natural obligations originated in the Roman law where they grew in importance in order to temper with equity and justice the severity of the jus civile. In that ancient system of law, there were two kinds of obligations: the civil and the natural. The latter could not be enforced by a civil action but it had certain juridical consequences.

In the old Spanish law, there were many instances of natural obligations, among them being the cases of incapacity of one of the contracting parties, and where a contract could not be sued upon because it was not in the form required by law.”

Question 3

Civil obligations and natural obligations
distinguished.

Answer 3

Article 1423 gives the distinctions between civil obligations and natural obligations, viz.:

(1) Civil obligations arise from law, contracts, quasi-contracts, delicts, and quasi-delicts (Art. 1157.), while natural obligations are based not on positive law but on equity and natural law; and

(2) Civil obligations give a right of action in courts of justice to compel their performance or fulfillment (Art. 1156.), while natural obligations do not grant such right of action to enforce their performance.

Question 4

Is enumeration exclusive in Natural obligations?

Answer 4

No. Note that Article 1423 says “Some natural obligations, xxx.” This indicates that the enumeration in the Code is not exclusive. Thus, if the borrower pays interest agreed upon orally, the provisions on natural obligations apply. (see Art. 1960.)

Under the law, “no interest shall be due unless it has been expressly stipulated in writing.”

Question 5

Article 1424

Answer 5

When a right to sue upon a civil obligation has lapsed by extinctive prescription, the obligor who voluntarily performs the contract cannot recover what he has delivered or the value of the service he has rendered.

simplified
Article 1424:
When the legal right to sue for a civil obligation expires due to the passage of time (extinctive prescription), the person who voluntarily fulfills the obligation cannot get back what they have given or the value of their services.
Key Points:
- Performance After Prescription: If you fulfill a contract after the time limit to sue has passed, you can’t ask for a refund or compensation.
- Acquisitive Prescription: You can gain ownership or rights over time as per the law.
- Extinctive Prescription: You can lose your rights or the ability to take legal action over time as per the law.
In summary, once the time limit to enforce a contract has expired, voluntarily fulfilling it means you can’t reclaim what you provided.

Question 6

Performance after civil obligation
has prescribed.

Answer 6

By prescription (acquisitive), one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. In the same way, rights and actions are lost by prescription (extinctive). (Art. 1106; see
Art. 1218.)

Question 7

Can they recover what they have paid?

D owes C the sum of P10,000 under a written contract.
After 10 years, the debt of D prescribes for failure of C to file the necessary action for the recovery of the same.

Answer 7

If D, knowing of the prescription, voluntarily pays C, he cannot recover anymore what he has paid. He has the moral duty to pay his debt.

Question 8

Article 1425

Answer 8

When without the knowledge or against the will of the debtor, a third person pays a debt which the obligor is not legally bound to pay because the action thereon has prescribed, but the debtor later voluntarily reimburses the third person, the obligor cannot recover what he has paid.

Question 9

Reimbursement of third person for debt that has prescribed.

Answer 9

If a third person pays the prescribed debt of the debtors without his knowledge or against his will, the latter is not legally bound to pay him. (see par. 2, Art. 1236.) But the debtor cannot recover what he has paid in case he voluntarily reimburses the third person.

Question 10

Can they recover what they have paid?

D owes C the sum of P10,000 under a written contract.
After 10 years, the debt of D prescribes for failure of C to file the necessary action for the recovery of the same.

In the above example, if T pays C after the debt has prescribed without the knowledge or consent of D, but D nevertheless reimburses T?

Answer 10

D cannot recover what he has paid.

Question 11

Article 1426

Answer 11

When a minor between eighteen and twenty-one years of age who has entered into a contract without the consent of the parent or guardian, after the annulment of the contract voluntarily returns the whole thing or price received, notwithstanding the fact that he has not been benefited thereby, there is no right to demand the thing or price thus returned.

Question 12

Restitution by minor after annulment
of contract.

Answer 12

When a contract is annulled, a minor is not obliged to make any restitution except insofar as he has been benefited by the thing or price received by him. (Art. 1399.)

However, should he voluntarily return the thing or price received although he has not been benefited thereby, he cannot recover what he has returned.

Take note that this article applies only if the minor who has entered into a contract without the consent of his parent or guardian is between 18 and 21 years of age. The law considers that at such age, a minor already has a conscious idea of what is morally just or unjust.

Question 13

Can they recover what was paid?

M, a minor 17 years old, sold for P100,000 his car to B without the consent of his parents. He lost P30,000 to a pickpocket although he was able to deposit the P70,000 in a bank.

Answer 13

If the contract is annulled, M is obliged to return only P70,000.
However, he has. the natural obligation to return P100,000. If he voluntarily returns the whole amount, there is no right to demand the same.

Question 14

Article 1427

Answer 14

When a minor between eighteen. and twenty-one years of age, who has entered into a contract without the consent of the parent or guardian, voluntarily pays a sum of money or delivers a fungible thing in fulfillment of the obligation, there shall be no right to recover the same from the obligee who has spent or consumed it in good faith. (1160a)

Question 15

Delivery by minor of money or fungible thing in fulfillment of obligation.

Answer 15

By the decree of annulment, the parties, as a general rule, are obliged to make mutual restitution. (Art. 1398.) However, the obligee who has spent or consumed in good faith the money or consumable’ thing voluntarily paid or delivered by the minor, is not bound to make restitution.

Although Article 1427 speaks of “fungible thing.” nevertheless it may also apply to things that are nonconsumable when they have been lost without fault of the obligee or in case of alienation by him to a third person who did not act in good faith.

The obligee shall be liable for damages if he is guilty of fault or bad faith at the time of spending or consumption.

Note again that this article is applicable only if the minor is between 18 and 21 years of age.

Question 16

Article 1428

Answer 16

When, after an action to enforce a civil obligation has failed, the defendant voluntarily performs the obligation, he cannot demand the return of what he has delivered or the payment of the value of the service he has rendered.

Question 17

Performance after action to enforce civil obligation has failed.

Answer 17

This article contemplates a situation where a debtor, who has failed to pay his obligation, is sued by the creditor and instead of losing the case, he has won it. If, notwithstanding this fact, the debtor voluntarily performs his obligation, he cannot demand the return of what he has delivered or the payment of the value of the service he has rendered. He must be deemed to have considered it his moral duty to fulfill his obligation.

Question 18

Article 1429.

Answer 18

When a testate or intestate heir voluntarily pays a debt of the decedent exceeding the value of the property which he received by will or by the law of intestacy from the estate of the deceased, the payment is valid and cannot be rescinded by the payer.

Question 19

Payment by heir of debt exceeding value of property inherited.

Answer 19

The heir is not personally liable beyond the value of the property he received from the decedent. (par. 1, Art. 1311.) But if he voluntarily pays the difference, the payment is valid and cannot be rescinded by him. An heir has a moral duty to perform or pay obligation legally contracted by his dead relatives.

Question 20

Article 1430

Answer 20

When a will is declared void because it has not been executed in accordance with the formalities required by law, but one of the intestate heirs, after the settlement of the debts of the deceased, pays a legacy in compliance with a clause in the defective will, the payment is effective and irrevocable.

Question 21

Payment of legacy after will has been
declared void.

Answer 21

Legacy is the act of disposition by the testator in separating from the inheritance for definite purposes, things, rights or a definite portion of his property. It may be viewed also as the same portion, or those things or special rights, which the testator separates from his inheritance for a definite purpose.

The purpose of the legacy is to reward friends, servants and others for services they have rendered, to give alms, etc.
If a will is disallowed for non-compliance with the formalities prescribed by law , the legacy made in the will would also be void. The effect is the same as if the deceased had died without a will, and, therefore, the intestate heir is not legally required to pay the legacy.

If, however, he still pays the legacy, the payment is effective and irrevocable, subject to the rights of the creditors of the deceased. Since, it was the intention of the testator to give the legacy, it is the moral duty of the heir to carry it out.

Question 22

Define or give the meaning of the following:
1. natural obligation.
2. civil obligation.

Answer 22

natural obligation - pp. 434, 435

civil obligation - p. 435

Obligations are civil or natural.
Civil obligations give a right of action to compel their performance. Natural obligations, not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof.

(1) Civil obligations arise from law, contracts, quasi-contracts, delicts, and quasi-delicts (Art. 1157.), while natural obligations are based not on positive law but on equity and natural law; and
(2) Civil obligations give a right of action in courts of justice to compel their performance or fulfillment (Art. 1156.), while natural obligations do not grant such right of action to enforce their performance.

Question 23

natural obligation?
1. What is the effect of the voluntary performance of
2. Give two (2) examples of natural obligations under the law

Answer 23

1. Art. 1423
   Obligations are civil or natural.
   Civil obligations give a right of action to compel their performance. Natural obligations, not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof.
2. Art. 1424, et seq.
   When a right to sue upon a civil obligation has lapsed by extinctive prescription, the obligor who voluntarily performs the contract cannot recover what he has delivered or the value of the service he has rendered.

Question 24

Explain or state briefly the rule or reason for your answer.
1. C (creditor) sued D (debtor) for nonpayment of the latter’s obligation. D won the case on a technicality (i.e., not on the merits). Nevertheless, when C asked payment again, D paid him. Now, D demands the return of what he has paid claiming, he should not have paid C since he had no more obligation to C under the law. Decide.

2. M, a minor, bought a bicycle for P2,000 from N, who is not a minor. Under the law, the contract is voidable because M is incapacitated to give consent because of his minority. Give the situation by reason of which M cannot recover the P2,000 from N.

Answer 24

1. Art. 1428
   When, after an action to enforce a civil obligation has failed, the defendant voluntarily performs the obligation, he cannot demand the return of what he has delivered or the payment of the value of the service he has rendered.
2. Art. 1427
   When a minor between eighteen. and twenty-one years of age, who has entered into a contract without the consent of the parent or guardian, voluntarily pays a sum of money or delivers a fungible thing in fulfillment of the obligation, there shall be no right to recover the same from the obligee who has spent or consumed it in good faith.