Professional Documents
Culture Documents
Chapter2 Obligations
Chapter2 Obligations
and Ethics
Nature and Effect of Obligations
ART. 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. (1094a)
DETERMINATE THING
A thing is said to be specific or determinate when it is particularly
designated or physically segregated from all others of the same
class. (Art. 1460)
Examples:
• a Bulova calendar watch.
• a 2006 model Japanese car.
• a police dog.
CASE ANALYSIS 2.1
Civil fruits are those derived by virtue of a juridical relation, e.g., rents of
buildings, price of leases of lands and other property and the amount of
perpetual or life annuities or other similar income. (Art. 442.)
CASE ANALYSIS 2.2
But Ms. Do has a right to the calf if it was born before the obligation to
deliver the cow has arisen (Art. 1164.) and Mr. Aji has not yet paid the
purchase price. In this case, upon the fulfillment of the condition or the
arrival of the period, Ms. Do does not have to give the calf and Mr. Aji
is not obliged to pay legal interests on the price since the calf and the
interests are deemed to have been mutually compensated. (see Art.
1187.)
PERFORMANCE OF A THIRD PARTY
While the debtor can be compelled to make the
delivery of a specific thing (Art. 1165.), a specific
performance cannot be ordered in a personal
obligation to do because this may amount to
involuntary servitude which, as a rule, is prohibited
under our Constitution. (Art. III, Sec. 18[2] thereof.)
CASE ANALYSIS 2.3
Aubrey delivered to Boyet, a printer technician, an HP
Deskjet printer for routine cleaning and servicing. Boyet
was not able to finish the job after some time despite
repeated reminders made by Aubrey. Finally, Boyet
returned the printer unrepaired, some of the parts missing.
Aubrey had the printer repaired by G Gadgets, and the
repair job costs her P58.75 for labor or service and P31.10
for the missing parts or a total of P89.85. The lower court
rendered judgment ordering Boyet to pay only P31.10. Is B
liable also for P58.75, the cost of the service expended in
the repair?
DELAY
The word delay, as used in the law, is not to be understood
according to its meaning in common parlance. A distinction,
therefore, should be made between ordinary delay and
legal delay (default or mora) in the performance of an
obligation.
Yes. It was negligence on his part not to warn the boy and
give him instructions to avoid accidents in the cleaning of a
machine with which the boy was unfamiliar.