ART. 1163.

EVERY PERSON OBLIGED TO GIVE

SOMETHING IS ALSO OBLIGED TO TAKE
CARE OF IT WITH DILIGENCE OF A GOOD
FATHER OF A FAMILY THE PROPER, UNLESS
THE LAW OR THE STIPULATION OF THE
PARTIES REQUIRES ANOTHER STANDARD OF
CARE.
ART. 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.
ART. 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 DEBTOR 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 ANY FORTUITOUS EVENT UNTIL HE HAS
EFFECTED THE DELIVERY.
ART. 1166. THE OBLIGATION TO GIVE A
DETERMINATE THING INCLUDES THAT
OF DELIVERING ALL ITS ACCESSIONS
AND ACCESSORIES, EVEN THOUGH
THEY MAY NOT HAVE BEEN MENTIONED.
OBLIGATIONS TO GIVE

MAY BE EITHER DETERMINATE OR GENERIC. IT IS

DETERMINATE WHEN THE OBJECT IS PARTICULARLY
DESIGNATED OR PHYSICALLY SEGREGATED FROM ALL
OTHERS OF THE SAME CLASS.
NATURE OF RIGHT OF CREDITOR.

IN OBLIGATIONS TO GIVE, THE CREDITOR OR CREDITOR HAS

A RIGHT TO THE THING WHICH IS THE OBJECT OF THE
OBLIGATION AS WELL AS THE FRUITS THEREOF FROM THE
TIME THE OBLIGATION TO DELIVER IT ARISES.
RIGHTS OF CREDITOR IN DETERMINATE OBLIGATIONS. —
IF THE OBLIGATION TO GIVE IS DETERMINATE, THE RIGHTS
OF THE CREDITOR ARE AS FOLLOWS:

1) TO COMPEL SPECIFIC PERFORMANCE. THE DEBTOR OF A

THING CANNOT COMPEL THE CREDITOR TO RECEIVE A
DIFFERENT ONE, ALTHOUGH THE LATTER MAY BE OF THE SAME
VALUE AS, OR MORE VALUABLE THAN THAT WHICH IS DUE.
RIGHTS OF CREDITOR IN DETERMINATE OBLIGATIONS. —
IF THE OBLIGATION TO GIVE IS DETERMINATE, THE RIGHTS
OF THE CREDITOR ARE AS FOLLOWS:
(2) TO RECOVER DAMAGES FOR BREACH OF THE OBLIGATION.
BESIDES THE RIGHT TO COMPEL SPECIFIC PERFORMANCE, THE
CREDITOR HAS ALSO THE RIGHT TO RECOVER DAMAGES FROM THE
DEBTOR IN CASE OF BREACH OF THE OBLIGATION THROUGH DELAY,
FRAUD, NEGLIGENCE OR CONTRAVENTION OF THE TENOR THEREOF.
RIGHTS OF CREDITOR IN GENERIC OBLIGATIONS
(1) TO ASK FOR PERFORMANCE OF THE OBLIGATION. WHETHER THE OBJECT OF AN OBLIGATION
TO GIVE IS DETERMINATE OR GENERIC, IT IS UNDENIABLE THAT THE CREDITOR HAS THE
RIGHT TO ASK FOR THE PERFORMANCE OF THE OBLIGATION. THE ONLY DIFFERENCE IS THAT
IN DETERMINATE OBLIGATIONS TO GIVE, THE CREDITOR CAN COMPEL SPECIFIC
PERFORMANCE, WHILE IN INDETERMINATE OR GENERIC OBLIGATIONS TO GIVE, HE CAN ONLY
ASK FOR THE DELIVERY OF A THING OR OBJECT BELONGING TO THE CLASS OR GENUS
STIPULATED WHICH MUST BE NEITHER OF SUPERIOR NOR INFERIOR QUALITY.
(2) TO ASK THAT THE OBLIGATION BE COMPLIED WITH AT THE EXPENSE OF THE DEBTOR. IF THE
DEBTOR REFUSES OR IS UNABLE TO COMPLY WITH HIS OBLIGATION, THE CREDITOR CAN
EVEN ASK THAT THE OBLIGATION BE COMPLIED WITH AT THE EXPENSE OF SUCH DEBTOR.
RIGHTS OF CREDITOR IN GENERIC OBLIGATIONS

• (3) TO RECOVER DAMAGES FOR BREACH OF THE OBLIGATION. IN CASE OF FAILURE

OF THE DEBTOR TO COMPLY WITH HIS OBLIGATION, OR IN CASE OF BREACH BY
REASON OF FRAUD, NEGLIGENCE, DELAY OR CONTRAVENTION OF THE TENOR OF THE
OBLIGATION, THE CREDITOR CAN DEMAND FOR INDEMNIFICATION FOR DAMAGES.
 OBLIGATIONS OF DEBTOR IN DETERMINATE OBLIGATIONS.
• (1) TO PERFORM THE OBLIGATION SPECIFICALLY. IN OBLIGATIONS TO GIVE A DETERMINATE THING,
THE DEBTOR OR DEBTOR BINDS HIMSELF TO DELIVER TO THE CREDITOR OR CREDITOR A THING OR
OBJECT WHICH IS PARTICULARLY DESIGNATED OR PHYSICALLY SEGREGATED FROM ALL OTHERS
OF THE SAME CLASS.
• (2) TO TAKE CARE OF THE THING WITH THE PROPER DILIGENCE OF A GOOD FATHER OF A FAMILY.
• (3) TO DELIVER ALL ACCESSIONS AND ACCESSORIES OF THE THING, EVEN THOUGH THEY MAY NOT
HAVE BEEN MENTIONED.
• (4) TO BE LIABLE FOR DAMAGES IN CASE OF BREACH OF THE OBLIGATION BY REASON OF DELAY,
FRAUD, NEGLIGENCE OR CONTRAVENTION OF THE TENOR THEREOF.
 OBLIGATIONS OF DEBTOR IN GENERIC OBLIGATIONS.

(1) TO DELIVER A THING WHICH IS NEITHER OF SUPERIOR NOR INFERIOR QUALITY. CONSEQUENTLY,
THE CREDITOR CANNOT DEMAND A THING OF SUPERIOR QUALITY; NEITHER CAN THE DEBTOR
DELIVER A THING OF INFERIOR QUALITY.
(2) TO BE LIABLE FOR DAMAGES IN CASE OF BREACH OF THE OBLIGATION BY REASON OF DELAY,
FRAUD, NEGLIGENCE OR CONTRAVENTION OF THE TENOR THEREOF. THIS LIABILITY INCLUDES THE
OBLIGATION TO REIMBURSE ALL EXPENSES INCURRED BY THE CREDITOR IN THOSE CASES WHERE
THE LATTER AVAILS HIMSELF OF THE RIGHT TO ASK A THIRD PERSON TO PERFORM THE OBLIGATION
AT THE EXPENSE OF THE DEBTOR.
PROBLEM
A BOUND HIMSELF TO DELIVER TO B A 21-INCH 1983 MODEL TV
SET, AND THE 13 CUBIC FEET WHITE WESTINGHOUSE REFRIGERATOR,
WITH MOTOR NO. WERT-385, WHICH B SAW IN A’S STORE, AND TO
REPAIR B’S PIANO. A DID NONE OF THESE THINGS. MAY THE COURT
COMPEL A TO DELIVER THE TV SET AND THE REFRIGERATOR AND
REPAIR THE PIANO? WHY? IF NOT, WHAT RELIEF MAY THE COURT
GRANT B? WHY?
 ANSWER:
• B CANNOT COMPEL A TO DELIVER THE 21-INCH 1983 MODEL TV SET. THE REASON IS
OBVIOUS. THE OBLIGATION IS A GENERIC OBLIGATION BECAUSE THE OBJECT IS DESIGNATED
MERELY BY ITS CLASS OR GENUS WITHOUT ANY PARTICULAR DESIGNATION OR PHYSICAL
SEGREGATION FROM OTHERS OF THE SAME CLASS. AN ACTION FOR SPECIFIC PERFORMANCE
IS, THEREFORE, LEGALLY AND PHYSICALLY IMPOSSIBLE. CONSEQUENTLY, THE REMEDY OF B IS
TO ASK FOR THE DELIVERY OF A 21- INCH 1983 MODEL TV SET WHICH MUST BE NEITHER OF
SUPERIOR NOR INFERIOR QUALITY. THIS IS EXPLICITLY RECOGNIZED BY THE NEW CIVIL CODE.
AS A MATTER OF FACT, HE CAN EVEN ASK THAT THE OBLIGATION BE COMPLIED WITH AT THE
EXPENSE OF A. ADDITIONALLY, HE CAN ASK FOR DAMAGES. THESE REMEDIES ARE ALSO
EXPLICITLY RECOGNIZED BY THE NEW CIVIL CODE.
ANSWER CONTINUATION
• IN THE CASE OF THE REFRIGERATOR, THE SITUATION IS DIFFERENT. THE
COURT MAY COMPEL A TO COMPLY WITH THE OBLIGATION SPECIFICALLY. THE
REASON IS OBVIOUS. THE OBLIGATION IS DETERMINATE. UNDER THE NEW
CIVIL CODE, IF THE DEBTOR REFUSES OR IS UNABLE TO COMPLY WITH HIS
OBLIGATION, ASSUMING THAT THE OBLIGATION IS A DETERMINATE
OBLIGATION TO GIVE, THE REMEDY OF THE CREDITOR IS TO BRING AN ACTION
AGAINST THE DEBTOR FOR SPECIFIC PERFORMANCE. ADDITIONALLY, HE CAN
RECOVER DAMAGES.
ANSWER CONTINUATION
•ON THE OTHER HAND, THE COURT CANNOT COMPEL A TO
REPAIR THE PIANO. THE REASON IS ALSO OBVIOUS. THE
OBLIGATION OF A IS AN OBLIGATION TO DO. IN THIS TYPE OF
OBLIGATION, THE LAW RECOGNIZES THE INDIVIDUAL’S
FREEDOM TO CHOOSE BETWEEN DOING THAT WHICH HE HAS
PROMISED TO DO AND NOT DOING IT.
ART. 1167. IF A PERSON OBLIGED TO DO SOMETHING
FAILS TO DO IT, THE SAME SHALL BE EXECUTED AT HIS
COST. THE 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.
EFFECTS OF BREACH

IN OBLIGATION TO DO (POSITIVE PERSONAL OBLIGATIONS), IF THE DEBTOR

FAILS TO DO THAT WHICH HE HAS OBLIGATED HIMSELF TO DO, THE
CREDITOR CAN HAVE THE OBLIGATION PERFORMED OR EXECUTED AT THE
EXPENSE OF THE FORMER, AND, AT THE SAME TIME, DEMAND FOR
DAMAGES BY REASON OF THE BREACH.
PROBLEM
“O,’’ LOT OWNER, CONTRACTED WITH “B,” BUILDER, TO BUILD A MULTI-STOREY BUILDING DESIGNED BY
“A,’’ ARCHITECT. “A” WAS PAID A FEE TO SUPERVISE THE CONSTRUCTION AND EXECUTION OF HIS
DESIGN. WHEN COMPLETED, “O” ACCEPTED THE WORK AND OCCUPIED THE BUILDING, BUT WITHIN ONE
YEAR, IT COLLAPSED IN AN EARTHQUAKE THAT DESTROYED ONLY THE BUILDING AND NOT THE
SURROUNDING BUILDINGS. CONSTRUCTION WAS FAULTY. THE BUILDING COST P3,000,000.00, BUT
RECONSTRUCTION COST WOULD REACH P10,000,000.00.

QUESTION NO. 1. — WHAT ARE THE RIGHTS OF “O’’ AGAINST “A’’ AND
“B’’?
ANSWER:
“O’’ CAN HOLD “A’’ AND “B’’ SOLIDARILY LIABLE FOR DAMAGES. THIS IS CLEAR FROM
THE CIVIL CODE, WHICH DECLARES THAT THE CONTRACTOR IS LIABLE FOR DAMAGES
IF WITHIN FIFTEEN YEARS FROM THE COMPLETION OF THE EDIFICE OR STRUCTURE,
THE SAME SHOULD COLLAPSE ON ACCOUNT OF DEFECTS IN THE CONSTRUCTION. IF
THE ENGINEER OR ARCHITECT WHO DREW UP THE PLANS AND SPECIFICATIONS OF
THE BUILDING SUPERVISES THE CONSTRUCTION, HE SHALL BE SOLIDARILY LIABLE
WITH THE CONTRACTOR. ACCEPTANCE OF THE BUILDING, AFTER COMPLETION, DOES
NOT IMPLY WAIVER OF THE CAUSE OF ACTION. HOWEVER, THE ACTION MUST BE
BROUGHT WITHIN TEN YEARS FOLLOWING THE COLLAPSE OF THE BUILDING.
QUESTION NO. 2 — COULD “O’’ DEMAND RECONSTRUCTION OF
THE BUILDING? ON WHAT GROUND?
“O’’ CAN DEMAND RECONSTRUCTION OF THE BUILDING. THE OBLIGATION OF BOTH “A”
AND “B” IS AN OBLIGATION TO DO. IF A PERSON OBLIGED TO DO SOMETHING DOES IT
IN CONTRAVENTION OF THE TENOR OF THE OBLIGATION, THE SAME SHALL BE EXECUTED
AT HIS COST. IT IS OBVIOUS THAT THE BUILDER “B” AND THE ARCHITECT “A’’
PERFORMED THEIR JOBS IN CONTRAVENTION OF THE TENOR OF THE OBLIGATION. AS A
MATTER OF FACT, HAD THE BUILDING NOT COLLAPSED, UNDER THE SAME ARTICLE, IT
MAY EVEN BE DECREED THAT WHAT HAS BEEN POORLY DONE BE UNDONE.
CONSEQUENTLY, “C’’ CAN NOW DEMAND FOR THE RECONSTRUCTION OF THE BUILDING
BY “A’’ AND “B’’ OR BY ANOTHER AT THEIR COST.
•ART. 1168. WHEN THE OBLIGATION
CONSISTS IN NOT DOING, AND THE DEBTOR
DOES WHAT HAS BEEN FORBIDDEN HIM, IT
SHALL ALSO BE UNDONE AT HIS EXPENSE.
OBLIGATIONS NOT TO DO; EFFECTS OF
BREACH
•IN OBLIGATIONS NOT TO DO (NEGATIVE PERSONAL
OBLIGATIONS), THE OBJECT OF THE OBLIGATION IS FULFILLED
OR REALIZED SO LONG AS THAT WHICH IS FORBIDDEN IS NOT
DONE BY THE DEBTOR.