ARTICLE 1163.
Every person obliged to give something is also  To be liable for damages incase of fraud, negligence or
obliged to take care of it with the proper diligence of a good
father of a family, unless the law or the stipulation of the
parties requires another standard of care. (1094a)
 Specific or Determinate designated or physically
segregated others of the same class
- Identified by its individuality
- Debtor cannot substitute without creditor’s consent
(Article 1244)
 Generic or Indeterminate class or genus which it pertains,
cannot be pointed out
- Identified by its species
- Can give anything of the same class and of the same
kind
Duties of Debtor in obligation to give a Determinate thing
 Preserve the thing – under real obligations, duty to take
care of the thing with:
o Diligence of a Good Father of a Family –
ordinary care
o Another Standard of Care – law or stipulation
requires another standard of care, extraordinary
diligence
 Deliver the fruits of the thing (Article 1164)
 Deliver the accessions and accessories (Article 1166)
 Deliver the thing itself (Article 1163, 1233, 1244 as to
kinds of delivery, Article 1497 to 1501)
 Answer for damages in case of non-fulfillment
Duties of Debtor in obligation to deliver a Generic thing
 Deliver quality intended by the parties into consideration
(Article 1246)
delay in performance of his obligation, or contravention of
the tenor (Article 1170)
ARTICLE 1164. The creditor has a right to the fruits of the
thing from the time the obligation to deliver it arises.
However, he shall acquire no real right over it until the
same has been delivered to him. (1095)
 Natural Fruits – spontaneous products of the soil, the
young and other products of animals (Grass and all plants
without human intervention)
 Industrial Fruits – produced by lands of cultivation or
labor (All products of lands brought by human labor)
 Civil Fruits – derived of a juridical relation (Rents, leases,
interest and income)
Right of creditor to the fruits
When obligation to deliver fruits arises
 Obligation to deliver the thing due arises from “perfection
of the contract”
 Obligation is subject to suspensive condition arises from
fulfillment of the condition
 In contract sale, obligation arises from perfection of the
contract, obligation is subject to the suspensive condition
and it has been paid
Article 1537 All fruits shall pertain to the vendee from the day
on which the contract was perfected”
Delivery or Traditio
Acquire ownership upon delivery
 Actual Delivery – Shoppe and lazada,
 Constructive Delivery – House and Lot
 Kinds of Right  Fortuitous event does not exempt the debtor from
 Personal Rights responsibility, still liable
 Real Rights  Genus never perishes, genus nunquam perit,
ARTICLE 1165. When what is to be delivered is a determinate
thing, the creditor, in addition to the right granted him by ARTICLE 1166. The obligation to give a determinate thing
Article 1170, may compel the debtor to make the delivery. includes that of delivering all its accessions and accessories,
If the thing is indeterminate or generic, he may ask
that the obligation be complied with at the expense of the even though they may not have been mentioned. (1097a)
debtor.
If the obligor delays, or has promised to deliver the  No person shall be imprisoned for non-payment of debt.
same thing to two or more persons who do not have the  Person may subject to imprisonment if civil liability arising
same interest, he shall be responsible for any fortuitous from criminal offense (Article 1161)
event until he has effected the delivery. (1096)  Accessions are fruits of a thing or addition or improvement
Remedies of creditor in Real Obligations upon a principal things
 Specific real Obligations – obligation to deliver - Exclusion of accessions is the exception and not the
determinate thing, general rule
- demand specific performance or fulfillment  Accessories things joined to or included with principal, it
- demand rescission or cancellation with right to recover follows the principal
damages  Principal will exist without accessions and the accessories
- Demand payment for damages, where it feasible but accessions are not necessarily to the principal
remedy.
Note: These remedies are alternative and not cumulative
o Alternative means isa lang ang pipiliin
o Cumulative means both remedies pwedeng
gamitin
 Generic Real Obligations – obligation to deliver a generic
thing, can performed by a third person
- Ask a third person to fulfill the obligation at the expense
of the original debtor
- Creditor has the right to demand recover damages in
case of breach or violations

When debtor delays or has promised delivery to separate

creditor
ARTICLE 1167. If a person obliged to do something fails to do it,  Not valid with performance with personal qualifications,
the same shall be executed at his cost. such as singing in a wedding of a specific singer.
This same rule shall be observed if he does it in o REMEDIES of creditor: Indemnification for
contravention of the tenor of the obligation. Furthermore, it consequential damages – pay damages includes
may be decreed that what has been poorly done be undone. moral damages consequences of the crime
(1098) o Personal Qualification of the debtor is the
(Positive Personal Obligation) determining motive for the contract. If he fails to
comply with his performance of the same by another
Situations Contemplated would be impossible or would result to be so
 Debtor fails to perform obligation different, the obligation could not be considered
o Remedies by performing by himself or third party performed.
unless personal considerations  If the obligation can still be performed by debtor at his
o Recover damages expense the court is not authorized to merely grant
 Debtor perform obligation but contrary to terms damages to the creditor.
 Debtor perform obligation but poorly done
Under Article 1167 walang pilitan, you can ask a third party
Remedies of Creditor in Positive Personal Obligation
to do it but under the expense of the debtor.
 Debtor fails to comply with his obligation to do, the creditor
has the right:
o Fulfill the obligation perform by himself or by
another unless personal consideration involved at
debtors expense.
o To recover damages (Article 1170)
o If the obligation is poorly done, it may be ordered by
the court upon complaint that it be undone if it still
possible to undo what was done.
Performance by Third Party
 Personal Obligation – to do, cannot deliver specific
performance may cause involuntary servitude, prohibited
under Constitution. (Article III, Section 18[2] thereof)
o Contrary to Constitution is null and void.
 Personal and Real Obligation – can deliver generic thing,
can be performed by third person
ARTICLE 1168 When the obligation consists in not doing, and the
obligor does what has been forbidden him, it shall also be
undone at his expense. (1099a)
(Negative Personal Obligation)
Remedies of Creditor in Negative Personal Obligation
 The duty is to not to do an act, there is no specific
performance.
 The debtor cannot be guilty of delay (Article 1169)
 Remedy of the creditor/oblige is undoing of the forbidden
thing plus damages. (Article 1170)
 If cannot be undone the forbidden thing, remedy is action
for damages
ARTICLE 1169. Those obliged to deliver or to do something incur
in delay from the time the oblige judicially or extra
judicially demands from them the fulfillment of their
obligation.
However, the demand by the creditor shall not be
necessary in order that delay may exist:
(1) When the obligation or the law expressly so declares; 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. (1100a)
Delay
 Ordinary delay, failure to perform obligation on time.
 Legal delay or default or Mora, failure to perform an
obligation on time which constitutes a breach of the
obligation
Kinds of Delay or Default
 Mora Solvendi delay on the part of the debtor to fulfill his
obligation (to give or to do)
 Mora Accipiendi delay on the part of the creditor to accept
the performance of the obligation.
 Compensatio Morae Mutual delay on both the debtor and
creditor on reciprocal obligations. The delay of the obligor
cancels the delay of oblige and vice versa. There is no
actionable default in both parties.
No delay in Negative Personal Obligation.
 Non-fulfillment may take but delay is impossible to fulfil by
not doing the forbidden. (Article 1168)

Requisites of Delay or default by the debtor (Mora

Solvendi)
 Failure to perform positive obligation on the date agreed
 Demand (not mere reminder or notice) made by credit to
debtor to comply the obligations. Either Judicial
(Complaint filed in court) or Extrajudicial (outside the
court, orally or in writing)
 Failure of the debtor to comply with such demand
To creditor, prove that the demand has been made.
To the debtor, prove that the delay was not caused by his
fault to relive himself from liability. (Article 1173, 1174)