CHAPTER 2.

NATURE AND EFFECT OF of Brunei in the latest APEC summit, Autobot Facts:
OBLIGATIONS cannot substitute it with another unit of Toyota Petitioner Addison sold four parcels of
Posted on 20 Feb 2019 Alphard nor can Rody Dutz require Autobot to land to Defendant spouses Felix and Tioco
deliver a different Toyota Alphard without located in Lucena City. Respondents paid P3,
Autobot’s consent although it may be of the same 000.00 for the purchase price and promised to pay
ARTICLE 1163. EVERY PERSON kind and value. determinate upon its delivery. the remaining by installment. The contract
OBLIGED TO GIVE SOMETHING IS ALSO provides that the purchasers may cancel the
OBLIGED TO TAKE CARE OF IT WITH contract within one year after the issuance of title
THE PROPER DILIGENCE OF A GOOD ARTICLE 1164. THE CREDITOR on their name.
FATHER OF A FAMILY, UNLESS THE HAS A RIGHT TO THE FRUITS OF THE
LAW OR THE STIPULATION OF THE THING FROM THE TIME THE The petitioner went to Lucena for the survey
PARTIES REQUIRES ANOTHER OBLIGATION TO DELIVER IT ARISES. designaton and delivery of the land but only 2
STANDARD OF CARE. HOWEVER, HE SHALL ACQUIRE NO parcels were designated and 2/3 of it was in
BY: JOHANNES AQUINO REAL RIGHT OVER IT UNTIL THE SAME possession of a Juan Villafuerte.
HAS BEEN DELIVERED TO HIM.
Lahat ng may obligasyon mag bigay ng BY: KRISTIA CAPIO The other parcels were not surveyed and
isang bagay ay meron ring tungkulin na alagaan designated by Addison.
ito katulad ng pag-aruga ng isang mabuting Artikulo 1164. Ang nagpapautang ay may
padre de familia, maliban na lang kung ang karapatan sa mga bunga ng mga bagay na mula Addison demanded from petitioner the payment
batas o ang napagkasunduan ng magkabilang sa panahon na naipagkaloob na. Gayun pa man, of the first installment but the latter resists that
panig ay nangangailangan ng ibang antas ng hindi nya makakamit ang tunay na karapatan there was no delivery and as such, they are
pangangalaga. hanggang ang nasabing karapatan ay entitled to get back the 3,000 purchase price they
naipagkaloob sa kanya. gave upon the execution of the contract.
The article refers to obligation to give a
determinate thing The general rule is that the creditor has the right Issue:
to the fruits of the thing from the time the Whether or not there was a valid delivery.
Determinate/specific – identified by individuality obligation to deliver it arises.
Ruling:
Generic/indeterminate – refers to class or genus Ownership over the thing though, is only required The record shows that the plaintiff did not
when such an object is delivered to him. The deliver the thing sold. With respect to two of the
Requirements essential element therefore of ownership is parcels of land, he was not even able to show
delivery. Therefore, although the creditor has the them to the purchaser; and as regards the other
Diligence of a good father of the family. Bonus right has the right to the fruits of a thing from the two, more than two-thirds of their area was in the
pater familias: The concept involves giving the time the obligation to deliver the thing itself hostile and adverse possession of a third person.
care which the nature of the thing cared for arises, his ownership will start when the thing is
demands. delivered to him. It is true that the same article declares that
the execution of a public instruments is equivalent
Another standard of care – The degree of WHEN OBLIGATION TO DELIVER THE to the delivery of the thing which is the object of
diligence must not be inferior to the diligence of a FRUITS ARISES the contract, but, in order that this symbolic
good father of the family. Anything lower than Example: delivery may produce the effect of tradition, it is
this would be against public policy and good necessary that the vendor shall have had such
customs. control over the thing sold that, at the moment of
the sale, its material delivery could have been
Duties of debtor in obligation to give a made. It is not enough to confer upon the
determinate thing purchaser the ownership and the right of
possession. The thing sold must be placed in his
1. To preserve or take care of the thing due; control. When there is no impediment whatever to
prevent the thing sold passing into the tenancy of
2. To deliver the fruits of the thing; the purchaser by the sole will of the vendor,
symbolic delivery through the execution of a
3. To deliver its accessions and accessories; public instrument is sufficient. But if there is an
impediment, delivery cannot be deemed effected.
4. To deliver the thing itself Anne sold her dog to Janine for 15,000
pesos and while in the possession of Anne, the ARTICLE 1165. WHEN WHAT IS TO
5. To answer for damages in case of non- dog gave birth to a puppy in which Janine is the BE DELIVERED IS A DETERMINATE
fulfillment or breach. one entitled to the puppy if Janine has already THING, THE CREDITOR, IN ADDITION
paid the amount of 15, 000 pesos to Anne. TO THE RIGHT GRANTED HIM BY
ARTICLE 1170, MAY COMPEL THE
Duties of debtor in obligation to deliver a PERSONAL RIGHT is the right or power of a DEBTOR TO MAKE THE DELIVERY.
generic thing person to demand from another — to give, to do,
or not to do. IF THE THING IS INDETERMINATE
1. To deliver a thing which is of the quality OR GENERIC, HE MAY ASK THAT THE
intended by the parties taking into REAL RIGHT is a power over a specific thing OBLIGATION BE COMPLIED WITH AT
consideration the purpose of the obligation (like the right of ownership or possession) and is THE EXPENSE OF THE DEBTOR.
and other circumstances; and binding on the whole world. IF THE OBLIGOR DELAYS, OR HAS
Example: PROMISED TO DELIVER THE SAME
2. To be liable for damages in case of fraud, THING TO TWO OR MORE PERSONS
negligence, or delay, in the performance of If Anne was a creditor to a house and WHO DO NOT HAVE THE SAME
his obligation, or contravention of the tenor Janine was the debtor and both agreed that the INTEREST, HE SHALL BE RESPONSIBLE
thereof. payment for the rent of the house would be FOR ANY FORTUITOUS EVENT UNTIL HE
monthly. Janine upon paying is what we call HAS EFFECTED THE DELIVERY. BY:
Illustration: REAL RIGHT. But upon Anne expecting Janine BRYAN GLENN FABIAÑA
to pay every month is what we call PERSONAL
If Autobot Car Dealer’s obligation is to RIGHT. Kapag ang dapat ihatid ay isang tiyak na bagay,
deliver a brand new Toyota Alphard to Rody ang nag papautang maliban sa karapatang
Dutz, Autobot can deliver any unit of Toyota ipinagkaloob sa kanya ng Artikulo 1170 ay
Alphard as long as it is brand new regardless of Case maaring pilitin ang nag kakautang na ihatid o
whatever conduction sticker, chassis number or A. A. ADDISON vs. MARCIANA FELIX and ibigay ang napagkasunduan.
engine number the vehicle has. But if Autobot’s BALBINO TIOCO
obligation is to deliver to Rody Dutz a particular G.R. No. L-12342. August 3, 1918. Kapag ang dapat ihatid o ibigay ay isang hindi
Toyota Alphard, like the one used by the Sultan FISHER, J. tiyak na bagay, maarin nitong pilitin ang nag
kakautang na tupadin ang napag kasunduan at the obligation was extinguished. It does not
bayaran ang mga nagastos.” commit legal delay. SAME RULE IS OBSERVED IF HE
FULFILL THE OBLIGATION BUT
Kapag ang taong may obligasyon ay na antala o However, if there was demand for delivery of the CONTRAVENTION OF THE AGREEMENT,
nangako na ihatid ang parihong bagay sa vessel before January 10, 2019 and ABC BUT THE SAME IS POOR OR
dalawa o higit pang katao na mag kaiba ang company failed to deliver and the vessel sunk on INADEQUATE.
hangad, siya ay may pananagutan dahil sa di Jawnuary 30, 2019 by reason of the storm, the
inaasahang pangyayari na kagagawan ng tao o company is liable. The obligation to deliver the It contemplates three situations:
kalikasan hanggang sa matupad nito o maibigay vessel is converted into a money claim for The debtor fails to perform an
ang napagkasunduan. damages. obligation to do; or The debtor performs an
obligation to do but contrary to the terms
COMMENT ARTICLE 1166. THE OBLIGATION thereof; or
TO GIVE A DETERMINATE THING The debtor performs an obligation to do but in
A determinate or specific thing is something INCLUDES THAT OF DELIVERING ALL a poor manner.
which is susceptible of particular designation or ITS ACCESSIONS AND ACCESSORIES,
specification. (ex.) Mercedez Benz Car Model EVEN THOUGH THEY MAY NOT HAVE CASE DIGEST
2000, Chasis No. 12345678910 with Plate No. BEEN MENTIONED.
BBB 2222. BY: JANINE GUMANGOL Chavez, Plaintiff vs Gonzales, Defendant.

An indeterminate or generic thing is something Ang obligasyon sa pagbigay ng tiyak na bagay G.R. No. L-27454
which is not particularized or specified but has ay kasama ang paghatid ng lahat ng
reference only to class or genus. (ex) a money, a karagdagan, pagpapaunlad at palamuti, kahit na April 30, 1970
car etc. ang mga ito ay hindi nabanggit sa kasunduan.
Reyes, J;
Paragraph 1 does not mean that the creditor can Determinate/Specific Things
use force or violence upon the debtor. The Facts:
creditor must bring the matter to the court and the –things that are distinct and can be physically Rosendo Chavez plaintiff, delivered to
court and will be the one to order the delivery. classified or determined from all others. Ex: Fructuoso Gonzales defendant, a typewriter
When a debtor does not fulfill his obligation to vehicle, Iphone repairer, portable typewriter for cleansing and
deliver a determinate thing the creditor may avail servicing. Defendant was not able to finish the job
himself of the following actions: Accessories—those joined or included with the after some time despite repeated reminders made
principal for the latter’s better use, perfection, or by plaintiff. Finally defendant returned the
1. Complaint for specific performance; enjoyment. Ex: Keys to a house, Key to a car typewriter unrepaired and some of the parts
missing. Plainfitt had the typewriter repaired by
2. Complaint fore recission of the obligation; Accessions-additions to or improvements upon a Freixas Business Machine, and the repair job cost
thing. Ex: Alluvium (soil of a riverbank, plants. him Php 58.75 for labor and service of Php 31.10
3. Compalint for damages. fir the missing parts or a total of Php 89.85.
Effect of Stipulation
An obligation to deliver a determinate Issue; Whether or not the defendant is liable for
thing as a general rule is extinguished if the thing Of course, if there is a stipulation to said effect, the cost of repair.
is lost due to fortuitous events. Whereas an accessions and accessories do not have to be
obligation to deliver an indeterminate or generic included. Held: Yes, for such contravention, he is liable
thing is not extinguished by fortuitous events. under Art. 1167 of the Civil Code. For the cost of
The fault or negligence of the obligor consists executing the obligation in a proper manner. The
Genus Nunguam Perit (Genus Never Perishes) in the omission of that diligence which is cost of the execution of the obligation in this case
required by the nature of the obligation and should be the cost of the labor or service
A fortuitous event is an extra ordinary corresponds with the circumstances of the expended in the repair of the typewriter.
event which cannot be foreseen or which though person, of the time and of the place. When
foreseen is inevitable. As a general rule no person negligence shows bad faith, the provisions of ARTICLE 1168. WHEN THE
shall be responsible for those events which could Articles 1171 and 2201, paragraph 2, shall OBLIGATION CONSISTS IN NOT DOING,
not be foreseen or which though foreseen were apply. AND THE OBLIGOR DOES WHAT HAS
inevitable except: BEEN FORBIDDEN HIM, IT SHALL ALSO
If the law or contract does not state the BE UNDONE AT HIS EXPENSE.
1. In cases expressly specified by law; diligence which is to be observed in the BY: ROSE ANN VILLANUEVA
performance, that which is expected of a good
2. When it is stipulated by the parties; father of a family shall be required. Kapag ang isang obligasyon ay
nangangahulugan ng hindi paggawa, at ang
3. When the nature of the obligation requires ARTICLE 1167. IF A PERSON may obligasyon ay ginawa ang ipinagbabawal,
assumption of risk. OBLIGED TO DO SOMETHING FAILS TO ang may obligasyon ay may pananagutan na
DO IT, THE SAME SHALL BE EXECUTED ibalik sa dati ang kanyang ginawa.
Article 1165 paragraph 3 is an example of AT HIS COST.
an exception expressly provided by law. Thus id THIS SAME RULE SHALL BE OBSERVED The duty of the obligor is to abstain from doing.
the debtor is guilty of delay in the performance of IF HE DOES IT IN CONTRAVENTION OF The very obligation is fulfilled in not doing what
his obligation or has promised to deliver the same THE TENOR OF THE OBLIGATION. is forbidden.
thing to two or more persons who do not have FURTHERMORE, IT MAY BE DECREED
common interest he shall be liable for the loss of THAT WHAT HAS BEEN POORLY DONE Example:
the thing by reason of fortuitous event until he has BE UNDONE.
effected the delivery thereof. Delay in paragraph BY: ALGY RIGUER Kristia bought a land from Bryan, it is stipulated
3 speaks of extra ordinary or legal delay and not in the contract that Bryan will not build a fence on
ordinary delay. Extra ordinary delay is a delay Kung ang isang tao na may obligasyon na a certain portion of his land adjoining that sold to
tantamount to non-fulfillment of obligation and gumawa ng isang bagay ay hindi nagagawa ito, Kristia. If Bryan constructs a fence in violation of
arises after an extrajudicial or judicial demand ang parehong ay ipapatupad sa kanyang gastos. the agreement, Kristia can bring an action to have
had been made upon the debtor. the fence removed at the expense of Bryan.
Ang parehong patakaran ay dapat sundin kung
Illustration: ginawa niya ito sa paglabag sa tenor ng Article 1169. Those obliged to deliver or to do
obligasyon. Higit pa rito maari ito maitakda na something incur in delay from the time the
ABC company contracted to deliver a vessel to ang hindi maganda ang nagawa ay maibabalik. obligee judicially or extrajudicially demands
ZZZ company on January 10, 2019. The former from them the fulfillment of their obligation.
failed to deliver on the stipulated period. On A PERSON WHO HAS AN OBLIGATION
January 30, 2019 the vessel sunk because of a NEGLECT TO DO IT, HE WILL PAY FOR However, the demand by the creditor shall not be
raging storm. ABC company is not liable because HIS FAILURE. necessary in order that delay may exist:
1. When the obligation or the law expressly so
declare; or

2. When from the nature and the circumstances

of the obligation it appears that the
designation of the time when the thing is to
be delivered or the service is to be rendered
was a controlling motive for the
establishment of the contract; or

3. When demand would be useless, as when the

obligor has rendered it beyond his power to
perform.

In reciprocal obligations, neither party incurs in

delay if the other does not comply or is not ready
to comply in a proper manner with what is
incumbent upon him. From the moment one of the
parties fulfills his obligation, delay by the other
begins.

ARTICLE 1170. THOSE WHO IN

THE PERFORMANCE OF THEIR
OBLIGATIONS ARE GUILTY OF FRAUD,
NEGLIGENCE, OR DELAY, AND THOSE
WHO IN ANY MANNER CONTRAVENE
THE TENOR THEREOF, ARE LIABLE FOR
DAMAGES.
BY: JOHANNES AQUINO

Lahat ng nakagawa ng panloloko, pagpapabaya,

o pag-antala sa pagtugon sa kanilang
obligasyon, at ano pa mang pagsalungat sa
tuntunin ng kasunduan ay may pananagutang
magbayad ng pinsala.