Art 1163

 When does Art 1163 apply?

- Art 1163 applies when there is no requirement from the law or agreement of the parties to
exercise another standard of care.
 What is the difference between a specific and generic thing? Why does it matter to know the
difference between the two?
- A specific thing is distinct from all others while generic thing cannot be specifically identified
from the same class.
 Identify whether the following is a generic or specific thing:
- A 1995 Black Rolls Royce car generic
- TV with serial number 12312414 specific
- The puppy my only dog gave birth to specific

Art 1163 in relation to Art 1173, par 2

 What is the standard care required by the law on specific real things? What does it entail?
- Diligence of a good father. This entails ordinary care.
 Are there any other standard of care? When does it apply?
- Yes. If the law or the parties required another standard of care.
 If an obligation does not state a standard of care required, what shall be presumed?
- It is presumed that the obligor shall take care of the thing with the diligence of a good
father.
 What are other obligations on the part of the obligation in fulfilling specific real obligations?
- Take care of the thing, deliver the fruits of the thing, deliver the accessions and accessories,
deliver the thing itself, answer for damages in case of non-fulfillment

Art 1163, application

Problem: A promised to give B an Iphone 12 ProMax on December 20, 2021

Question: what is the standard of care required? The creditor cannot demand a thing of superior
quality, the debtor can neither deliver a thing of inferior quality.

 Supposing what is required was to give B her only old Iphone 8 Plus, would your answer be
different? yes
 Using the same premise as the previous question, what if A agreed to take care of the phone
extraordinarily because it has sentimental value of it to B, what is the standard of care required?
- A shall take care of the phone with extraordinary diligence.

Art 1164

 In legal parlance, what is a fruit?

- A fruit is a product of the thing.
 What are the different kinds of fruit? Give example
- Natural fruits – are the products of the soil or of the animals. An example of which is the
joey of a kangaroo.
- Industrial fruits – are products produced by labor. An example of which are corn
 - Civil fruits – an example of which is interest
 When does the right to a thing arise?
- When the thing has been delivered to him.
 When is a contract perfected?
- When the meeting of the minds between the parties are made.
 What is a suspensive condition? A period?
- Suspensive condition suspends the effect of some or all of the obligation until the condition
is fulfilled.
- An obligation with a period is subjected to the expiration of the period.
 Is the rule any different in contract of sales? How so? What if the contract of sales is subjected
to a suspensive condition? Will the rule be the same?
-
 Give example of a quasi-delict/law/delict/quasi-contract that prescribes a specific period for the
necessary fulfillment of a condition.
-
 What is real right? Differentiate it from personal right. When is it acquired?
- Real right is the right of a person over a specific thing and it does not have a defini

Art 1164, application

Problem: On January 25, 2021, A promised to give B a specific dog.

Question: When will the obligation of the dog arise? On January 25, 2021

Problem: On January 25, 2021, A promised to give B a specific dog on December 20, 2021

Question: When will the obligation to deliver the dog arise? On January 25, 2021

Problem: When is the obligation to pay annual income tax due? April 15

Problem: On January 25, 2021, A promised to give B a specific dog on January 30, 2021

Question: Supposing, the dog gave birth to a puppy on January 29, 2021. On January 30, 2021, who
is entitled to the dog? To the puppy?

Question: Supposing, the dog gave birth to a puppy on January 30, 2021. On January 30, 2021, who
is entitled to the dog? To the puppy?

Question: Supposing the puppy is already delivered to X, who has a better right to the puppy? What
will be the recourse of the losing party and against whom?

 What is accessory? Accession? Differentiate and give example

- Accessory is a thing that is included in the principal thing that can enhance, use and
complete it. (for its better use, completion or enhancement.)
 Question: A sold his car to B for the amount of P300,000. There are 2 spare tires, is B required to
deliver those?
 - Yes. Article 1166 of the civil code provides that the obligation to give aa determinate thing
includes that of delivery all its accessions and accessories, even though it has not been
mentioned. Thus, A is required to deliver the 2 spare tires to B.

Art 1165, first paragraph in relation to Art 1170

 In what kind of obligation does first paragraph apply? Specific real obligation
 What are the rights accorded to the oblige on first paragraph of Art 1165?
- The right to demand specific performance or fulfillment, the right to demand cancellation,
the right to demand payment of damages only.
 What are instances when debtor will also be liable for damages?
- If it is the only remedy. ___

Art 1170 in relation to Art 1171

 What is fraud and how does it differ from negligence?

- Fraud is the intentional evasion of the fulfillment of an obligation
 What are the two kinds of fraud? Give examples

 What is the kind of fraud mentioned in Art 1170? What is the proper remedy in case of casual
fraud?
 Can liability from future fraud be waived? How about past fraud?

Art 1171, application

Problem: A induced B to buy a house and lot without disclosing that the said house is haunted. B later
found out of the fact.

Question: what would be the remedy/ies available to B?

Art 1170 in relation to Art 1172, 1173

 What is negligence and why is it a source of damages?

 What are the kinds of negligence according to source of obligation?
 Can liability from future negligence be waived? How about past negligence?
 How is liability arising from negligence determined? What are the factors considered?

Art 1170 in relation to Art 1172, 1173 application

Problem: A is driving at 100km per hour on a school zone one afternoon when he accidentally hit B, an
18 year old man who ran out of nowhere in an attempt to cross the street.

Question: Is A liable for damages due to negligence? What are the factors that may weigh in the
determination of A’s liability to B?

Art 1170 in relation to Art 1169

  What is delay and why is it a source of damages?
 What is the concept of legal delay?
 What does “No demand, no delay” mean?
 What are the kinds of delay and what are the consequences or effects of each?
 What are the instances when the “no demand, no delay” rule does not apply? Give examples of
each
 Explain the concept of delay in reciprocal obligations

Art 1170 in relation to Art 1169 application

Problem: A promised to deliver B her only wedding dress on January 31, 2021

Question: January 31, 2021 came and A failed to deliver. Is A liable for damages due to delay?

Question: Supposing that January 31, 2021 is B’s wedding day, is A liable for the damages due to delay?

Art 1170

 what does doing something in contravention to the tenor of agreement means and why is it a
source of liability for damages?

Art 1165, par 2

 in what kind of obligations does second paragraph apply?

-
 What are the rights accorded to the obligor in second paragraph of Art 1165?
-

Art 1165 par 3 in relation to Art 1174

 In what kind of obligation does third paragraph apply?

 What is a fortuitous event? What are its kinds? Give examples
 What is the difference between fortuitous events and force majeure?
 What are the requisites for an event to be a fortuitous event that would tantamount to release
of liability of the contracting parties?

Art 1165 par 3 in relation to Art 1174

 What is the general rule as to the liability in case of fortuitous events?

 What are the 3 major exceptions?
 What are the exceptions laid out in the law? Give examples

Art 1174 application

Problem: A promised to give B his only car on January 31, 2021. The garage where A’s car was found was
razed in fire on January 29, 2021

Question: what is the status of the obligation of A to give B a car? cannot anymore be delivered

Problem: A promised to give B a car on January 31, 2021. The garage where A’s car was found was hazed
in fire on January 29, 2021.

Question: what is the status of the obligation of A to give B a car? can still be delivered

Problem: A promised to give B his only car on January 31, 2021. The garage where A’s car was found was
razed in fire on January 29, 2021

Question: Can Insurance Company XYZ refuse reimbursement from A on the grounds that “No one shall
be liable for fortuitous events”?

- No. in a contract of insurance undertakes to indemnify for the loss of the thing insured by
reason of the peril insured against even if the cause of the loss is a fortuitous event. In this
case, Insurance Company XYZ needs to reimburse A. thus, Insurance Company XYZ cannot
refuse.

Art 1165 in relation to Art 1174 application

 Problem: A promised to give B his only car on January 31, 2021. January 31, 2021 came but B
never demanded. The garage where A’s car was found was razed in fire on February 1, 2021.
 Question: what is the status of the obligation of A to give B a car?
- A is not liable for the damages __

Art 1165 in relation to Art 1174 application

Problem: A promised to give both B and C his only car on January 31, 2021. The garage where A’s car
was found was razed in fire on January 29, 2021

Question: what is the status of the obligation of A to give B a car? A is liable to B for even without the
fortuitous event it is impossible for A to deliver the car to B.

Art 1167

 In what kind of obligation does Art 1167 apply?

- Positive personal obligation
 What are the remedies available in case of nonfulfillment of a personal obligation?
- To have the obligation performed at the expense of the debtor, to recover damages.
 Why is specific performance not a remedy?
- A specific performance is not a remedy for it can equate to involuntary servitude which is
not allowed in the Constitution.

Art 1168
  In what kind of obligation does Art 1168 apply?
- Negative Personal obligation
 What is the remedy available in case an obligor does something forbidden of him?
- To undo what he had done.

Art 1175

 What does usury mean?

- Usury is the receiving of interest in excess of the amount allowed by the law.
 Are there any laws effective at the moment regulating it?
Yes. Republic Act No. 2655
 What is the rate of legal interest in the Philippines?
- 6% per annum

Art 1176

 What are the two kinds of presumption under the law? Differentiate
- The two kinds of presumption under the law are the conclusive presumption and disputable
presumption. Conclusive presumption cannot be contradicted while disputable presumption
can be contradicted.
 What are the rebuttable presumptions enumerated under Art 1176
- Presumption that the interest has been previously paid. The presumption that the rents for
the months of February and March have been paid.
 What are the instances when the presumption under art 1176 does not apply?
- With reservation as the interest, receipt without indication of particular installment paid,
receipt for a part of the principal, payment of taxes, non-payment proven

Art 1177 in relation to Art 1178

 What are the remedies available to creditors in satisfaction of their claim?

-
 What does exact fulfillment mean?
 What does pursuing leviable property mean? What are properties not leviable?
 What is accion subrogatoria?
 What is accion pauliana and how does it happen? What is its limitations
 What rights can be subject of attachment? What rights are deemed transmissible? Cite
exceptions.