NATURAL AND EFFECTS OF
OBLIGATIONS
Article 1163: Every person obliged to give
something is also 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.
-obligor has the obligation to preserve the thing
-refers to the duties of debtor in an obligation to
give a determinate thing or specific thing.
Determinate or specific thing
• Which is particularly designated or physically
segregated from others of the same class.
• Identified by its individuality.
The debtor cannot substitute it with another
although the latter is of the same kind and quality
without the consent of the creditor/ OBLIGEE
EXAMPLES:
(1) the Toyota car with Plate No. ABC 123
-IT IS DETERMINATE KASI IISA LANG ANG
TOYOTA NA MAY PLATE NO. NA 316
Indeterminate or generic thing
• refers only to a class or genus to which it
pertains and cannot be pointed out with
particularity.
• It is not physically segregated from the others of
the same class
• identified only by its specie and debtor can give
anything of the same class as long as it is of the
same kind
Example: A car, A horse, 1 million pesos, A ring
DUTIES OF DEBTOR: To deliver determinate or
specific thing
1. Preserve the thing
- to take care of the thing with the diligence of a
good father of family
-ordinary care
- a person has exercise with respect over his own
property
-if the law of the parties provides for another
standard of care
- As a general rule, the debtor is not liable if his
failure to preserve the thing is not due to his fault
or negligence but to fortuitous events or force
majeure.
-extraordinary diligence
-Law requires a greater standard of care, with
respect to the common carriers
EXAMPLE: Pending delivery, S has the
additional or accessory duty to take care of the
horse with the diligence of a good father of a
family, like feeding the horse regularly, keeping it
in a safe place, etc. In other words, S must
exercise that diligence which he would exercise
over another horse belonging to him and which he
is not under obligation to deliver to B.
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.
2. Deliver the fruits of the thing (art. 1164)
- The creditor has a right to the fruits of the
thing from the time obligation to deliver it arises.
- Fruits; in legal perspective, fruits a thing
natural fruits, industrial fruits and civil fruits
DIFFERENT KINDS OF FRUITS
 NATURAL FRUITS
- Spontaneous products, grown naturally on
the soil, no intervention of human labor. Young
animals
Ex: grass, tress, puppy, kitten, piglets
 INDUSTRIAL FRUITS
- All product of lands brought about by
reason of human labor (cultivation)
- Taking care of people
Ex: sugar, vegetables, rice, corn
 CIVIL FRUITS
- results of juridical relation between of the
parties
Ex: rents of building, price of the leases of lands
Right of creditor to the fruits - from the time the
obligation to make delivery arises (of the fruits)
which is the PERFECTION OF THE
CONTRACT or the birth of the contract or the
meeting of the minds of the parties
Example: In a contract of sale
On September 1, 2021, A oblige himself to deliver
a specific land to be. A now is a vendor, this is the
contract of sale. They have stipulated that the
purchase price is 1 million pesos. So, the vendee
or the buyer is B. Here you can see that the
obligation is a pure obligation, meaning to say
obligation which is demandable at once and it is
also a contract of sale.
So, in this case since it is a contract of sale and
contract of sale is perfected by mere consent of
the parties even the object is not yet delivered, or
the purchase price has not yet paid. In which case,
A who is now the vendor shall have now the
obligation to deliver the land to be on September
1, 2021, and B the vendee shall be entitled to the
fruits of the land, like the plants that have already
grown on the land accruing from September 1,
2021, when the contract has already been
perfected. So, in this case the vendee has the right
to the fruits of the land because it is now from that
time on, wherein the contract has been perfected
on September 1, 2021, that the obligation of the
debtor to make delivery of the fruits of the thing
arise.
PERSONAL RIGHT
-right to across the creditor or oblige before
delivery of the thing and the fruit of the thing
- right or power of a person (creditor) to demand
from another (debtor), as definite passive subject,
the fulfilment of the latter's obligation to give, to
do, or not to do
- there is a definite active subject and a definite
passive subject
- binding or enforceable only against a particular
person
REAL RIGHT
-right or interest of a person over a specific thing
without a definite passive subject against whom
the right may be personally enforced
-there is only a definite active subject without any
definite passive subject
-directed against the whole word
Article 1165: When what is to be delivered is a
determinate thing, the creditor, in addition to the
right granted him by Article 1170,may compel the
debtor to make the delivery.
If the thing is indeterminate or generic, he may
ask that the obligation be complied with at the
expense of the debtor.
If the obligor delays or has promised to deliver the
same thing to two or more persons who do not
have the same interest, he shall be responsible for
fortuitous event until he has affected the delivery.
(1096)
4. Deliver the thing itself (Art. 1165)
Remedies of creditor in specific real obligation
(obligation to deliver a determinate thing) in case
the debtor fails to comply with his obligation:
1. Specific performance of fulfilment of the
obligation with a right to indemnity for
damages; or
- a cost of action in court wherein, in
case the debtor failed to comply his
obligation, and his obligation consist
of the delivery of a determinate thing,
he could file an action now, a cost
known now as specific performance
wherein he would ask the court, he
would pray that now the debtor must
fulfill his obligations and the creditor
has also the right to claim for damages.
2. Demand rescission or cancellation of the
obligation with the right to recover
damages, or
3. Demand payment of damages only, where
it is only feasible remedy
Remedies/Rights of a creditor in a generic real
obligation (obligation to deliver a generic thing)
which is for the creditor to ask that the obligation
be complied with at the expense of the debtor. A
third person can perform the obligation since the
object is expressed only according to its family or
genus. Creditor has the right to recover damages
in case of breach or violation of the obligation.
Example: A obliges himself to deliver to B 100
sacks of rice on September 9.2020 for P20,000.00
The sacks of rice is considered generic thing. If A
now (the debtor) fails to comply with what is
convent upon him with his obligation.
What can B do? B can now buy rice from C (the
third person) – first remedy
If now B paid C, let’s say 25,000 pesos he may
now recover the 5000 pesos from A. He could also
ask for damages (in view of article 1170)
In case of not fulfillment of that obligation, B can
now ask a third person in the person of C to ask if
he will be the one to deliver the 100 sacks of rice
to B at the expense of course of A.
Paragraph 3 of Art. 1165 gives instances when an
obligor can still be liable for fortuitous event
fortuitous event
- calamities-flood, earthquakes, flood, fire of
accidental origin
-events that cannot be foreseen and even it can be
foreseen it is inevitable so you cannot avoid it
(a.) there is delay
(b.) when obligor has promised to deliver the
same thing to two or more persons who do not
have the same interest
Article 1166 - Obligation to give a determinate
thing also includes the delivery of all its
accessions and accessories, even though they may
not have been mentioned.
3. Deliver the accessions and accessories (Art.
1166)
ACCESSIONS - fruits of the thing or
additions to or improvements upon a thing or
things incorporated or attached to the principal
either naturally or artificially
Examples: house or trees on a land, rents of a
building, air conditioner in a car
ACCESSORIES - things joined to or included
with the principal thing for the latter's
embellishment, better use, or completion
Examples: key of a house, frame of a picture,
bracelet of a watch, machinery in a factory,
bow of a violin
As a general rule, all accessions and
accessories are considered included in an
obligation to deliver a determinate thing
although they may not have been mentioned
BASIS: accessory follows the principal
Exemption: unless the parties would stipulate
or agree otherwise wherein, they would
stipulate or agree that the accessions and
accessories of a principal thing are not
included in the obligation
DUTIES OF DEBTOR: To deliver generic
thing
1.To deliver a thing which is of the quality
intended by the parties
2.To be liable for damages in case of fraud,
negligence, or delay, in the performance of his
obligation or contravention of the tenor thereof
ARTICLE 1167 - If a person obliged to do
something fails to do it, the same shall be
executed at his cost.
This same rule shall be observed if he does it
in contravention of the tenor of the obligation.
Furthermore, it may be decreed that what has
been poorly done be undone. (1098)
-Positive Personal Obligation (obligation to
do)
 Debtor fails to perform an obligation to
do;
 Debtor performs an obligation to do
but contrary to the terms thereof
  Debtor performs an obligation to do
but in a poor manner
REMEDIES:
 The obligee can have the obligation
performed by himself, or by another,
unless personal considerations are
involved, at the expenses of the obligor
PLUS claim for damages;
 If the obligation is done in contravention
of the terms of the same or is poorly done,
it may be ordered by the court, upon
complaint, that it be undone, if it is still
possible to undo what was undone.
NOTE: In situations where personal
qualifications of the debtor are the determining
motive for the obligation contracted,
performance by another person would be
impossible or would result to be so different.
That the obligation could not be considered as
having been performed. Only remedy by the
creditor is to demand DAMAGES from the
debtor.
Example: A ask B to repair his cellphone and
B said to A that he would repair the cellphone
in 5 days. However, after 5 days B has not yet
began repairing the cellphone, so he returned
the cellphone unrepaired. So, in this case there
has been a violation of the obligation because
B did not perform his obligation to do.
What would be then the remedy on the part of
A? He could have the cellphone repaired by
another, let’s say C. At the expense of course
of the obligor B. He could also demand for the
payment of the damages. If the debtor now
performs the obligation but it is in
contravention of the tenor thereof like the
debtor did not follow the instructions that is
given, what would be the remedies? Still the
remedy for the creditor to have obligation be
executed at the expense the debtor or he could
also demand for the damages.
Like for example A is now obliged to
construct a two-story house for B. However,
after the period of construction A is just
completed the house of B, he builds only a
one-story house. So, in this case there is now
the contraventions of the terms of obligation.
What would be the remedy?
A may be held liable to B for the
specifications that has been agreed upon and
for example A still refuse to do the obligation
which is to construct another story of the
house, B could ask another person to construct
or another construction firm to do the
obligation at the expense of course of the
debtor A and also, the creditor B can demand
for damages.
-If the debtor did not perform his obligation to do,
you cannot force him to do his obligation. This is
what you call a violation called involuntary
servitude which is prohibited or prescribe by
under our 1987 constitution.
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)
-Obligation consists in NOT DOING (negative
personal obligation). Obligor is obliged to abstain
from doing an act.
REMEDY: undoing of the forbidden thing plus
DAMAGES
~if it is already not possible to undo what
has been done, either physically or legally or
because there are rights already acquired by third
persons who acted in good faith, only remedy is
an action for DAMAGES.
ARTICLE 1169 - Those obliged to deliver or to
do something incur in delay from the time the
oblige judicially or extrajudicially demands from
them the fulfillment of their obligation.
DELAY
2 KINDS
(1) Ordinary delay is merely the failure to perform
an obligation on time.
(2) Legal delay or default or mora is the failure to
perform an obligation on time which failure
constitutes a breach of the obligation.
KINDS OF LEGAL DELAY:
  Mora solvendi -delay on the part of the
DEBTOR
 Mora accipiendi -delay on the part of the
CREDITOR
 Compensatio Morae -delay of the obligors
in reciprocal obligations. Result would be
there is no actionable default on the part of
both parties.
REQUISITES OF MORA SOLVENDI:
 Failure of the debtor to perform his
positive obligation on the dale agreed
upon. There is no delay however.in
negative personal obligation, since it is
impossible for the debtor to fulfil his
obligation by not doing what has been
forbidden him
 There should be DEMAND. Not a mere
notice or reminder, made by the creditor
upon the debtor to comply with his
obligation
o Judicial- if there is a complaint
filed by the creditor against the
debtor.
o Extrajudicial- the one that is made
outside the court, and which may
be orally or in writing
 A demand by writing which
may be through the lawyer
of the person or the creditor
or the obligee wherein there
will be a threat that there
would be filling action
against the debtor unless the
debtor will comply with his
obligation.
 An oral demand is just the
word of mouth that you
have to pay already your
obligation
 There is failure on the part of the debtor to
comply with such demand
 Obligation is due and demandable
EFFECTS OF DELAY:
 Mora Solvendi-debtor is guilty of breach
or violation of the obligation, he is liable
for interest to the creditor in case the
obligation is to pay money or damages. He
is liable for fortuitous event when the
obligation is to deliver a determinate thing.
 Mora Accipiendi-debtor is guilty of breach
of obligation, he is liable for DAMAGES,
he bears the risk of loss of the thing due.
When the obligation is to pay money,
debtor is not liable for interest from the
time of the creditor's delay and the debtor
may release himself from the obligation by
consignation or deposit in court of the
thing or sum due
 Compensatio Morae-delay of the obligor
cancels the delay of the oblige and vice
versa. Legall y speaking, there is no
default or delay on the part of both parties.
General Rule: There is Mora solvendi, only
from the time that there is demand from the
creditor for the fulfilment of the debtor's
obligation.
EXEMPTIONS:
 When obligation so provides (example:
Without the need of any demand)
 When the law so provides
 When time is of the essence-it will no
longer benefit the creditor
 When demand would be useless
 When there is performance by a party
in a reciprocal obligation
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. (1101)
-Grounds for liabilily which may entitle injured
party to claim for damages:
1.Fraud (deceit/dolo)-deliberate or intentional
evasion of the normal fulfilment of an obligation
2 KINDS:
 Incidental fraud (dolo incidente)
-ART.1170-fraud is committed in the
performance of an obligation already
existing because of a contract
 Causal fraud (dolo causante)
-fraud employed in the execution of a
contract (Art.1338) which vitiates consent