HANDOUT #7

LAW ON OBLIGATIONS AND CONTRACTS

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. (1097a)

Meaning of accessions and accessories.

(1) Accessions are the fruits of, or additions to, or improvements upon, a thing (the principal), e.g.,
house or trees on a land; rents of a building; airconditioner in a car; profits or dividends accruing
from shares of stocks; etc.

(2) Accessories are things joined to, or included with, the principal thing for the latter’s
embellishment, better use, or completion, e.g., key of a house; frame of a picture; bracelet of a
watch; machinery in a factory; bow of a violin.

Note that while accessions are not necessary to the principal thing, the accessory and the principal
thing must go together but both accessions and accessories can exist only in relation to the
principal.

Right of creditor to accessions and accessories.

The general rule is that all accessions and accessories are considered included in the obligation to
deliver a determinate thing although they may not have been mentioned. This rule is based on
the principle of law that the accessory follows the principal. In order that they will be excluded,
there must be a stipulation to that effect.

Unless otherwise stipulated, an obligation to deliver the accessions or accessories of a thing does
not include the latter. Thus, a sale of the improvements (e.g., house) upon a thing (e.g., land) is
not sufficient to convey title or any right to the thing.

NOTE:

-The general rule is that the accessory must always follow the principal. Thus, the purchase of the
vehicle would naturally involve the purchase of its speakers or its steering wheel. The purchase
of a book which is encased in a plastic cover would necessarily involve the plastic cover of the
book.

-The exception is that there is a stipulation that would exclude the accessory or accession.
Therefore, if in the sale of a vehicle, the speakers would not be included in the sale if there is a
stipulation in their agreement that the speakers are not included in the sale or that the sale of a
house would not include the airconditioners installed in the house if there is an agreement that
the airconditioners are not included in the sale and would be removed by the seller prior to the
transfer of its ownership to the buyer.
ART. 1167. If a person obliged to do something fails to do it, the same shall be executed at his
cost.

This 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. (1098)

Situations contemplated in Article 1167.

Article 1167 refers to an obligation to do, i.e., to perform an act or render a service. It
contemplates three situations:

(1) The debtor fails to perform an obligation to do; or

(2) The debtor performs an obligation to do but contrary to the terms thereof; or

(3) The debtor performs an obligation to do but in a poor manner.

Remedies of creditor in positive personal obligation.

(1) If the debtor fails to comply with his obligation to do, the creditor has the right:

(a) to have the obligation performed by himself, or by another unless personal

considerations are involved, at the debtor’s expense; and

(b) to recover damages. (Art. 1170.)

(2) In case the obligation is done in contravention of the terms of the same or is poorly done, it
may be ordered (by the court) that it be undone if it is still possible to undo what was done.

Example:

1. X binds himself to construct a house for B. It was stipulated that the house shall have 3
bedrooms, each of which to have an area of 5 meters by 4 meters and that the kitchen
shall painted white.

What happens if X will not construct the house of B?

If X would refuse to construct the house, B can ask another contractor, in the person of C
to continue the construction of the house at the expense of X.

2. What if X constructed the house but he did not conform to the specification such as he
did not follow the 5 m x 4 m specs or he painted the whole kitchen as red instead of
white?

B can demand that X follow the specifications as agreed upon between the two of them.
However if X will refuse, then B can look for another person to do it according to the
agreed specifications at the expense of X.

3. What if the kitchen was painted white but it was poorly done. What can be the remedy
of B against X?

B may ask X to have the painting undone or in case X would refuse to do so, B can ask a
third person to paint the kitchen properly at the expense of X.
NOTE:

In all these instances, remember that X the obligor cannot be forced by B to perform the obligation
if he really refuses to do so. Why? Such an action can be considered as an involuntary servitude
and would be a violation of Article 3, Section 18(2) of the 1987 Constitution.

So in case of refusal to do his obligation, the obligee can look for another person to perform the
obligation at the expense of the obligor and notwithstanding the filing for an action for damages.

Performance by a third person.

A personal obligation to do, like a real obligation to deliver a generic thing, can be performed by
a third person. 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.)

Where, however, the personal qualifications of the debtor are the determining motive for the
obligation contracted (e.g., to sing in a night club), the performance of the same by another would
be impossible or would result to be so different that the obligation could not be considered
performed. Hence, the only feasible remedy of the creditor is indemnification for damages. But
where the obligation can still be performed at the expense of the debtor notwithstanding his
failure or refusal to do so, the court is not authorized to merely grant damages to the creditor.

Illustration:

A is a very well-known singer in the Philippines. B hired A for a concert in their province since
he was sure that the teenagers in their province would surely flock the venue since A was very
popular.

However, a week before the said concert, A accepted another offer to sing at a different venue
(since he was offered a higher rate).

Can B still look for another person to perform in lieu of A?

B cannot look for another performer in lieu of A, since B was banking on the idea that he would
get voluminous ticket sales since A was very popular at that time and that it was impossible for
another person to do the performance of A.

Therefore, B can ask A for the payment of damages.

Source:

The Law on Obligations and Contracts by Hector De Leon

-LGU