Art.

1163 to 1166 – obligation to give

2 Kinds of Object in an obligation to give

a) Specific or determinate
- Particularly designated or physically segregated from others of the same
class.
- Example: (1) Particularly designated - Toyota Innova with
plate no. ABC 123

(2) Physically segregated - 1000 sacks of rice inside warehouse

no. 1 owned by Mr. Alan Moreno

b) Generic or indeterminate
- Cannot be pointed out with particularity
- Example: Iphone X

Duties of debtor in obligation to give a determinate thing

1) Preserve the thing – only ordinary care or diligence of a good father of a
family unless another standard of care is stipulated
2) Deliver the fruits of the thing (Art. 1164)
- Creditor has a personal right to the fruits at the time obligation of
debtor arises
- Creditor acquires real rights only upon delivery; Delivery transfers
ownership

3 Kinds of fruits
a) Natural fruits – spontaneous products of the soil, and products of
animals
b) Industrial fruits – produced by lands through labor
c) Civil fruits – derived by virtue of a juridical relation i.e rentals

3) Deliver the accessions and accessories even not mentioned (Art. 1166)
- Accessions are the fruits of a thing or improvements upon a thing i.e.
trees on land
- Accessories are things joined to the thing for embellishment, better use
or completion i.e. car sound system

4) Deliver the thing itself

- Creditor can compel debtor to make delivery or specific performance
(Art. 1165)
- Debtor is liable for damages if there is (a) delay and (b) double promise
to deliver, even if a fortuitous event caused the damage.
Fortuitous event – an event which cannot be foreseen, or though foreseen is
inevitable i.e. Acts of man like robbery and Acts of God like earthquake

- No person is responsible for fortuitous event (Art. 1174) except

a) Specified by law. Example: when already in default of the obligation
b) Stipulated or agreed by the parties
c) Nature of the obligation requires assumption of risk. Example:
Insurance contract

Duties of debtor in obligation to deliver a generic thing

1) Deliver a thing which is of the quality intended
- Not necessary to compel delivery of specific performance as creditor can
ask another to person to perform the obligation
- However, creditor may ask the performance of the obligation.

Art. 1167 to 1168 – obligation to do and not to do

Remedies of the creditor in positive personal obligation (to do)

1. Failure of the debtor to perform his obligation
a) To have other persons perform the obligation at the expense of the
debtor.

- Cannot compel specific performance as involuntary servitude is

prohibited by the Constitution (Section 18 [2], Art. III)

b) If personal considerations are involved, to recover damages (Art. 1170)

2. Contravention or violation of the terms or poor performance

a) Decreed to be undone if still possible to undo what was done.

Remedies of creditor in negative personal obligation (not to do)

- Duty of the debtor is to abstain from the act; obligation is fulfilled in not
doing what is forbidden.
- Obligation is violated if the debtor do what is forbidden.
- Remedy of the creditor is the undoing of the forbidden thing plus
damages.
- If not possible to undo, remedy is to ask for damages.