Article 1423
ARTICLE 1423
By: Gretzen M. Colona
Obligations are civil or natural. Civil obligations give 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 rigt 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. (n)
Ang obligasyon ay civil o natural. Obligasyong sibil ay nagbibigay ng hakbang para iutos ang pagsasagawa. Obligasyong natural, ay hindi ayon sa positibong batas ngunit sa equity at natural law, hindi nagbibigay ng karapatan sa isang hakbang para ipatupad ang pagsasagawa, ngunit pagkatapos ng boluntaryong pagsasakatuparan ng may utang , pinapayagan nila ang pagpapanatili ng kung ano mang naibigay o naisagawa para sa kadahilanan nito. May ilang natural obligation ay tinatalaga sa mga susunod na artikulo.
Kinds of Obligation
According to Sanction:
a. Civil Obligation - defined by Atr. 1156, and sanction is juridical process.
b. Natural Obligation - based on natural law and the motivation in fulfilling the obligation is good conscience.
c. Moral Obligation - similar with natural obligations which are based on good conscience and moral values.
Article 1423. Examples of natural obligations: (1) A debtor who willfully and voluntarily performs his contractual obligations cannot recover what he has delivered or the value of the services he rendered on the ground that the creditor’s right to file suit has lapsed by extinctive prescription (Article 1424, Civil Code); (2) A debtor cannot recover what he has paid to the third party, who paid the debtor’s debt without the knowledge or against the will of the latter and who was not legally bound to pay as the right to sue thereon has prescribed (Article 1425, Ibid.); (3) A defendant who voluntarily performs his obligations cannot demand the return of what he has delivered or the payment of the value of the services he rendered should the creditor’s action to enforce a civil obligation fail (Article 1428, Ibid.). Natural obligations are not based on positive law but on equity and natural law (Ibid.).
Villarroel vs. Estrada,
JOHN F. VILLARROEL, appellant-appellant,
vs..
BERNARDINO ESTRADA, turned-appellee.
D. Felipe Agoncillo in representation of the appellant-appelante.
D. Crispin Oben in representation of the defendant-
appellee.
AVANCEÑA, Pres
FACTS:
On May 9, 1912, Alejandro F. Callao, mother of defendant John F. Villarroel, obtained fromthe spouses Mariano Estrada and Severina a loan of P1, 000 payable after seven years(Exhibito A). Alejandra died, leaving as sole heir to the defendant. Spouses Mariano Estradaand Severina also died, leaving as sole heir to the plaintiff Bernardino Estrada. On August 9,1930, the defendant signed a document (Exhibito B) by which the applicant must declare in the amount of P1, 000, with an interest of 12 percent per year. This action relates to the recovery of this amount.
The Court of First Instance of Laguna, which was filed in this action, condemn the defendant to pay the claimed amount of P1, 000 with legal interest of 12 percent per year since the August 9, 1930 until full pay. He appealed the sentence.It will be noted that the parties in the present case are, respectively, the only heirs and creditors of the original debtor. This action is brought under the defendant's liability as the only son of the original debtor in favor of the plaintiff contracted, sole heir of primitive loan creditors. It is recognized that the amount of P1,000 to which contracts this obligation is the same debt of the mother's parents sued the plaintiff.
ISSUE
Although the action to recover the original debt has prescribed and when the lawsuit was filed in this case, the question raised in this appeal is primarily whether, not withstanding such requirement, the action taken is appropriate.
HELD
However, this action is based on the original obligation contracted by the mother of the defendant, who has already prescribed,but in which the defendant contracted the August 9, 1930 (Exhibito B) by assuming the fulfillment of that obligation, as prescribed. Being the only defendant in the original herdero debtor eligible successor into his inheritance, that debt brought by his mother in law,although it lost its effectiveness by prescription, is now, however, for a moral obligation,that is consideration enough to create and make effective and enforceable obligation voluntarily contracted its August 9, 1930 in Exhibito B.
The rule that a new promise to pay a debt pprescrita must be made by the same person obligated or otherwise legally authorized by it, is not applicable to the present case is not required in compliance with the mandatory obligation orignalmente but which would give it voluntarily assumed this obligation.It confirms the judgment appealed from, with costs against the appellant. IT IS SO ORDERED.
By: Gretzen M. Colona
Obligations are civil or natural. Civil obligations give 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 rigt 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. (n)
Ang obligasyon ay civil o natural. Obligasyong sibil ay nagbibigay ng hakbang para iutos ang pagsasagawa. Obligasyong natural, ay hindi ayon sa positibong batas ngunit sa equity at natural law, hindi nagbibigay ng karapatan sa isang hakbang para ipatupad ang pagsasagawa, ngunit pagkatapos ng boluntaryong pagsasakatuparan ng may utang , pinapayagan nila ang pagpapanatili ng kung ano mang naibigay o naisagawa para sa kadahilanan nito. May ilang natural obligation ay tinatalaga sa mga susunod na artikulo.
Kinds of Obligation
According to Sanction:
a. Civil Obligation - defined by Atr. 1156, and sanction is juridical process.
b. Natural Obligation - based on natural law and the motivation in fulfilling the obligation is good conscience.
c. Moral Obligation - similar with natural obligations which are based on good conscience and moral values.
Article 1423. Examples of natural obligations: (1) A debtor who willfully and voluntarily performs his contractual obligations cannot recover what he has delivered or the value of the services he rendered on the ground that the creditor’s right to file suit has lapsed by extinctive prescription (Article 1424, Civil Code); (2) A debtor cannot recover what he has paid to the third party, who paid the debtor’s debt without the knowledge or against the will of the latter and who was not legally bound to pay as the right to sue thereon has prescribed (Article 1425, Ibid.); (3) A defendant who voluntarily performs his obligations cannot demand the return of what he has delivered or the payment of the value of the services he rendered should the creditor’s action to enforce a civil obligation fail (Article 1428, Ibid.). Natural obligations are not based on positive law but on equity and natural law (Ibid.).
Villarroel vs. Estrada,
JOHN F. VILLARROEL, appellant-appellant,
vs..
BERNARDINO ESTRADA, turned-appellee.
D. Felipe Agoncillo in representation of the appellant-appelante.
D. Crispin Oben in representation of the defendant-
appellee.
AVANCEÑA, Pres
FACTS:
On May 9, 1912, Alejandro F. Callao, mother of defendant John F. Villarroel, obtained fromthe spouses Mariano Estrada and Severina a loan of P1, 000 payable after seven years(Exhibito A). Alejandra died, leaving as sole heir to the defendant. Spouses Mariano Estradaand Severina also died, leaving as sole heir to the plaintiff Bernardino Estrada. On August 9,1930, the defendant signed a document (Exhibito B) by which the applicant must declare in the amount of P1, 000, with an interest of 12 percent per year. This action relates to the recovery of this amount.
The Court of First Instance of Laguna, which was filed in this action, condemn the defendant to pay the claimed amount of P1, 000 with legal interest of 12 percent per year since the August 9, 1930 until full pay. He appealed the sentence.It will be noted that the parties in the present case are, respectively, the only heirs and creditors of the original debtor. This action is brought under the defendant's liability as the only son of the original debtor in favor of the plaintiff contracted, sole heir of primitive loan creditors. It is recognized that the amount of P1,000 to which contracts this obligation is the same debt of the mother's parents sued the plaintiff.
ISSUE
Although the action to recover the original debt has prescribed and when the lawsuit was filed in this case, the question raised in this appeal is primarily whether, not withstanding such requirement, the action taken is appropriate.
HELD
However, this action is based on the original obligation contracted by the mother of the defendant, who has already prescribed,but in which the defendant contracted the August 9, 1930 (Exhibito B) by assuming the fulfillment of that obligation, as prescribed. Being the only defendant in the original herdero debtor eligible successor into his inheritance, that debt brought by his mother in law,although it lost its effectiveness by prescription, is now, however, for a moral obligation,that is consideration enough to create and make effective and enforceable obligation voluntarily contracted its August 9, 1930 in Exhibito B.
The rule that a new promise to pay a debt pprescrita must be made by the same person obligated or otherwise legally authorized by it, is not applicable to the present case is not required in compliance with the mandatory obligation orignalmente but which would give it voluntarily assumed this obligation.It confirms the judgment appealed from, with costs against the appellant. IT IS SO ORDERED.
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