BUNGE CORPORATION v.

ELENA CAMENFORTE
GR No. L-4440
August 29, 1952

BAUTISTA ANGELO, J.

Facts:
In October 22, 1947, an agreement was entered into between the Visayan Products Company
and Bunge Corporation wherein the former sold to the latter 500 long tons of merchantable
Philippine copra in bulk. The contract was entered into, but Visayan Products Company failed
to make the delivery. As a consequence, Bunge Corporation also failed to ship and deliver
the copra on time, and has suffered loss.
The only defense which the plaintiffs have is that the copra they had gathered and stored for
delivery to the appellees in Samar was destroyed by  force majeure, which under the law, has
the effect of exempting them from liability for damages.
Issue:
Is the copra contemplated in the contract is generic and not specific?
Ruling:
Yes. The Supreme Court states that based on the contract between the parties, the subject
matter is Philippine copra and that the sale is to be made by weight, which is- 500 long tons.
It does not refer to any particular or specific lot of copra, or the origin of the said object. No
portion of the copra has been set apart. The seller had the freedom to acquire the copra
from any part of the Philippines. The sale simply refers to 500 long tons of the Philippine
copra. Therefore, the subject-matter is generic, not specific.
As the obligation of the petitioner is to deliver copra in a generic sense, the obligation
cannot be considered extinguished by the destruction or disappearance of the copra. Their
obligation exists as long as the said commodity is available. A generic obligation is not
extinguished by the loss of a thing belonging to a particular genus. Genus nunquan perit.