ARTICLE 1161.

Civil obligations arising to an obligation to pay for the damage

form criminal offenses shall be governed by
the Penal Laws, subject to the provisions of
article 2177, and of the pertinent provisions
of Chapter 2, Preliminary Title, on Human
Relations, and of Title XVIII of this book,
regulating damages.
Civil Liability arising from crimes or
delicts
 Every person criminally liable for an
act or omission is also civilly liable
for damages. (Art.100, Revised
Penal Code)
 But if there’s no material damage,
there is no civil liability enforced.
But a person not criminally
responsible may still be liable civilly.
Scope of Civil Liability
(1) Restitution
(2) Reparation for the damage caused
(3) Indemnification for consequential
damages. (Art.104, Revised Penal
Code.).
ILLUSTRATION:
done.
Requisites of Quasi-delict
(1) There must be an act or omission
(2) There must be fault or negligence
(3) There must be damage caused
(4) There must be a direct relation or
connection of cause and effect
between the act or omission and the
damage
(5) There is no pre-existing contractual
relation between the parties
ILLUSTRATION
While playing softball with his friends,
A broke the window glass of B, his
neighbor. The accident would not have
happened had they played a little farther
from the house of B.
In this case, A is under obligation to pay
the damage caused to B by his act
although there is no pre-existing
contractual relation between them
because he is guilty of fault or
negligence.

X stole the car of Y. If X is convicted, NATURE AND EFFECT OF

the court will order X: (1) to return the OBLIGATIONS
car or to pay its value if it was lost or
ARTICLE 1163. Every person obliged
destroyed; (2) to pay for any damage
to give something is also obliged to take
caused to the car; (3) to pay such other
care of it with the proper diligence of a
damages suffered by Y as a consequence
good father of a family, unless the law or
of the crime.
the stipulation of the parties requires
ARTICLE 1162. Obligations derived another standard of care
from quasi-delicts shall be governed by
Specific or Determinate designated or
the provisions of Chapter 2, Title XVII
physically segregated others of the same
of this Book, and by Special Laws.
class.
Quasi-delict is an act or omission by a
Generic or Indeterminate refers only
person which cause damage to another in
to a class or genus to which it pertains
his person, property, or rights giving rise
and cannot be pointed out with
particularity.
ILLUSTRATION:
If A’s obligation is to deliver to B one of
his cars, the object refers to a class
which in itself is determinate.
If A’s obligation is to deliver to B A
2002 Toyota car, A can deliver any car
as long as it is a 2002 Toyota car.
Duties of Debtor in Obligation to give
a determinate thing
(1) Preserve the thing – the obligor has
the incidental duty to take care of the
thing with the diligence of a good
father of a family pending delivery.
(a) Diligence of a good father of a
family – ordinary care or that
diligence which an average
person exercises over his own
property.
(b) Another standard of care –
extraordinary care ( utmost
diligence of very cautious
persons, with a due regard for all
the circumstances).
(c) Factors to be considered – the
diligence required necessarily
depends upon the nature of the
obligation and corresponds with
the circumstances of the person,
of the time, and of the place.
(d) Reason for the debtor’s
obligation
(2) Deliver the fruit of the thing
(3) Deliver the accessions and
accessories
(4) Deliver the thing itself
(5) Answer for damages in case of
non-fulfillment or breach
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.
Different kinds of fruits
Natural Fruits are the spontaneous
products of the soil, and the young and
other products of animals.
Industrial Fruits are those produced by
lands of any kind through cultivation or
labor.
Civil Fruits are those derived by virtue
of a juridical relation.
ILLUSTRATION:
If X sold his land to Y, All fruits of the
land (trees, pants, etc.) is entitled to Y
from the time the obligation to make
delivery arises.
2 kinds of right
(1) Personal Right is the right or power
of a person to demand from another,
as a definite passive subject, the
fulfillment of the latter’s obligation
to give, to do, or not to do.
(2) Real Right is the right or interest of
a person over a specific thing,
without a definite passive subject
against whom the right may be
personally enforced.
The meaning of the phrase “ he shall
acquire no real right over it until the
same has been delivered to him” is that
the creditor does not become the owner
until the specific thing has been
delivered to him.
ARTICLE 1165. When what is to be person since the object is expressed
delivered is a determinate thing, the only according to its family or genus
creditor, in addition to the right granted
ILLUSTRATION:
him by Article 1170, may compel the
debtor to make the delivery. A oblige himself to deliver to B 10
galloons of oil on September 25 for
If the thing is indeterminate or generic,
P30,000.
he may ask that the obligation be
complied with at the expense of the If A does not comply with his
debtor. obligation, B may buy oil from C, a
third person. If B paid P35,000, he
If the obligor delays, or has promised to
may recover P5,000 from A.
deliver the same thing to two or more
persons who do not have the same Delay on the other hand is discussed
interest, he shall be responsible for in Article 1169, and fortuitous events
fortuitous event until he has effected the in Article 1174.
delivery.
Remedies of creditor in real obligation
(1) Specific real obligation, the creditor
may exercise the following remedies
in case the debtor fails to comply
with his obligation:
(a) Demand specific performance or
fulfillment of the obligation with
a right to indemnity for damages
(b) Demand recession or
cancellation of the obligation
also with a right to recover
damages
(c) Demand payment for damages
only
ILLUSTRATION:
X sells his piano to Z for P20,000. If
X refuses to comply with his
obligation to deliver the piano, Z can
bring an action for fulfillment or
recession of the obligation with the
payment of damages in either case.
(2) Generic real obligation on the other
hand, can be performed by a third