Article 1460.

A thing is determinate when it is particularly designated or physical segregated

from all others of the same class. The requisite that a thing be determinate is satisfied if at the
time the contract is entered into, the thing is capable of being made determinate without the
necessity of a new or further agreement between the parties. (n)

Article 1497. The thing sold shall be understood as delivered, when it is placed in the control
and possession of the vendee. (1462a)

Article 1501. With respect to incorporeal property, the provisions of the first paragraph of
article 1498 shall govern. In any other case wherein said provisions are not applicable, the
placing of the titles of ownership in the possession of the vendee or the use by the vendee of
his rights, with the vendor's consent, shall be understood as a delivery. (1464)

Article 712. Ownership is acquired by occupation and by intellectual creation. Ownership and
other real rights over property are acquired and transmitted by law, by donation, by testate and
intestate succession, and in consequence of certain contracts, by tradition. They may also be
acquired by means of prescription. (609a)

Article 2209. If the obligation consists in the payment of a sum of money, and the debtor incurs
in delay, the indemnity for damages, there being no stipulation to the contrary, shall be the
payment of the interest agreed upon, and in the absence of stipulation, the legal interest, which
is six per cent per annum. (1108)

Article 2215. In contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigate
the damages under circumstances other than the case referred to in the preceding article, as
in the following instances: (1) That the plaintiff himself has contravened the terms of the
contract; (2) That the plaintiff has derived some benefit as a result of the contract; (3) In cases
where exemplary damages are to be awarded, that the defendant acted upon the advice of
counsel; (4) That the loss would have resulted in any event; (5) That since the filing of the
action, the defendant has done his best to lessen the plaintiff's loss or injury.

Article 1786. Every partner is a debtor of the partnership for whatever he may have promised
to contribute thereto. He shall also be bound for warranty in case of eviction with regard to
specific and determinate things which he may have contributed to the partnership, in the same
cases and in the same manner as the vendor is bound with respect to the vendee. He shall
also be liable for the fruits thereof from the time they should have been delivered, without the
need of any demand. (1681a)

Article 1788. A partner who has undertaken to contribute a sum of money and fails to do so
becomes a debtor for the interest and damages from the time he should have complied with
his obligation. The same rule applies to any amount he may have taken from the partnership
coffers, and his liability shall begin from the time he converted the amount to his own use.
(1682)
Article 2197. Damages may be: (1) Actual or compensatory; (2) Moral; (3) Nominal; (4)
Temperate or moderate; (5) Liquidated; or (6) Exemplary or corrective.

Article 1733. Common carriers, from the nature of their business and for reasons of public
policy, are bound to observe extraordinary diligence in the vigilance over the goods and for the
safety of the passengers transported by them, according to all the circumstances of each case.
Such extraordinary diligence in the vigilance over the goods is further expressed in articles
1734, 1735, and 1745, Nos. 5, 6, and 7, while the extraordinary diligence for the safety of the
passengers is further set forth in articles 1755 and 1756.

Article 2001. The act of a thief or robber, who has entered the hotel is not deemed force
majeure, unless it is done with the use of arms or through an irresistible force. (n)

Article 2176. Whoever by act or omission causes damage to another, there being fault or
negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no
preexisting contractual relation between the parties, is called a quasi-delict and is governed by
the provisions of this Chapter. (1902a)

Article 3. Definitions. - Acts and omissions punishable by law are felonies (delitos). Felonies
are committed not only be means of deceit (dolo) but also by means of fault (culpa). There is
deceit when the act is performed with deliberate intent and there is fault when the wrongful act
results from imprudence, negligence, lack of foresight, or lack of skill.

Article 365. Imprudence and negligence. - Any person who, by reckless imprudence, shall
commit any act which, had it been intentional, would constitute a grave felony, shall suffer the
penalty of arresto mayor in its maximum period to prision correccional in its medium period; if
it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and
medium periods shall be imposed; if it would have constituted a light felony, the penalty
of arresto menor in its maximum period shall be imposed.

Article 2177. Responsibility for fault or negligence under the preceding article is entirely
separate and distinct from the civil liability arising from negligence under the Penal Code. But
the plaintiff cannot recover damages twice for the same act or omission of the defendant.(n)

Article 2214. In quasi-delicts, the contributory negligence of the plaintiff shall reduce the
damages that he may recover.

Article 1761. The passenger must observe the diligence of a good father of a family to avoid
injury to himself.

Article 2200. Indemnification for damages shall comprehend not only the value of the loss
suffered, but also that of the profits which the obligee failed to obtain. (1106)
Article 1933. By the contract of loan, one of the parties delivers to another, either something
not consumable so that the latter may use the same for a certain time and return it, in which
case the contract is called a commodatum; or money or other consumable thing, upon the
condition that the same amount of the same kind and quality shall be paid, in which case the
contract is simply called a loan or mutuum. Commodatum is essentially gratuitous. Simple loan
may be gratuitous or with a stipulation to pay interest. In commodatum the bailor retains the
ownership of the thing loaned, while in simple loan, ownership passes to the borrower. (1740a)

Article 1956. No interest shall be due unless it has been expressly stipulated in writing. (1755a)

Article 1957. Contracts and stipulations, under any cloak or device whatever, intended to
circumvent the laws against usury shall be void. The borrower may recover in accordance with
the laws on usury. (n)

Article 2236. The debtor is liable with all his property, present and future, for the fulfillment of
his obligations, subject to the exemptions provided by law. (1911a)