ART. 1163
It needs to be same to the one she
Diligence of a good father of the family. Bonus
pater familias: The concept involves giving the care
which the nature of the thing cared for demands.
Diligence of a good father of a family means an
ordinary care. Just like a father of a family, it is a
care that an average person would do in taking
care of his property.
Ex: anna borrow a car then sarah trusted her for
her car. Now anna has the obligation to take a
good care of that thing. If that thing get damage
sarah can demand.
*Another standard of care – The degree of
diligence must not be inferior to the diligence of a
good father of the family. Anything lower than this,
would be against public policy and good customs.
GENERIC AND INTERMIEDIETE THING------
It is determinate or specific if it is distinct from all
others and can individually be classified or
determined. Designated or physically segregated
from all others of the same class.
EX: Plate number H20MM
Generic or indeterminate- thing is not particularly
designated or physically segregated from all others
of the same class. It means that a thing cannot be
specifically determined from things of the same
class. The thing can be replaced by another thing
that is of the same quality.
EX: a horse, a motorcycle, a sack of rice, a car, and
USD 100, 000.
Determinate thing- the debtor did to substitute it
with the same thing.
EX: Karen borrows a phoenix bike to Sarah. Karen
lost the bike. Karen has the obligation to return or
buy a new one.
lost. She cannot change it without Sarah consent.
Generic thing-can substitute with same quality with
the same class of it.
EX: Karen borrows a money to Sarah. Karen has the
obligation to pay Sarah. Karen can pay it in any
form of money it can be in 50, 20, 100, or 500 as
long as the total of it is 1000.
DUTIES OF DEBTOR (DETERMINATE THINGS)
1. Preserve the Thing with Due Care (Away from
destruction)- Every person obliged to give
something is also obliged to take care of it with the
proper diligence of a good father of a family (Civil
Code, Art. 1163).
Diligence of a good father of the family. Bonus
pater familias: The concept involves giving the care
which the nature of the thing cared for demands.
B. Another standard of care – The degree of
diligence must not be inferior to the diligence of a
good father of the family. Anything lower than this,
would be against public policy and good customs.
Common Carriers - which from the nature of their
business and for reasons of public policy is bound
to observe extraordinary diligence in the vigilance
over the goods and for the safety of people. In case
of accident common carrier will be liable.
Another standard of care
Ex: the sewol ferry accidenet. The carrier is the
boat and chief. The boat got sink because of
overloading and many people died. Now the
common carrier can be sued and also there is
negligence that happened. (bad faith)
-tingnan if san sya kasali sa 1157 (act of omission)
C. Factor to be considered - debtor cannot be liable
if his failure is not cause by negligent but because
of unforeseen events.
Ex: you own a dog daycare and your obligation is to
take a look to those dogs. Like a good father you
need to watch them for them not to get outside,
fight each other, get to high places, and more. You
were busy to your call mate then accident
happened one dog go to high table and jump and
that dog broke a leg. (Liable because of negligence)
(Obligation to take the dog immediately to the vet)
D. REASON FOR DEATOR OBLIGATION- need to
practice proper diligence to ensure that the debtor
will deliver the thing in the same situation when
the obligation was granted.
DUTIES OF DEBTOR (GENERIC THINGS)
Deliver a thing which is of the quality/ to be liable
for damages in case of fraud, negligence, or delay,
in the performance of his obligation.
EX: The Mitsubishi Company has the obligation to
deliver a brand new unit to one of its customer.
Mitsubishi can deliver any kind of their car as long
as its brandnew.
ARTICLE. 1164 The creditor has a right to the fruits
of the thing from the time the obligation to
deliver it arises.
The general rule is that the creditor has the right to
the fruits of the thing from the time the obligation
to deliver it arises.
DIFFERENT KINDS OF FRUITS
Natural fruits- spontaneous products like soil and
other products of animals. (grass all trees in the
land)
Industrial fruits- produce by lands (rice,
vegetables)
Civil Fruits- derived by virtue or juridical relation.
(Rentals)
RIGHT OF THE CREDITOR
Creditor is entitled to the fruits of the thing to be
delivered from the time the obligation to make
delivery of the thing arises.
PERSONAL RIGHT/REAL RIGHT-----
PERSONAL RIGHT - is the right or power of a
person to demand from another — to give, to do,
or not to do.
REAL RIGHT- is a power over a specific thing (like
the right of ownership or possession) and is
binding on the whole world.
EX: If Anne was a creditor to a house and Janine
was the debtor and both agreed that the payment
for the rent of the house would be monthly. Janine
upon paying is what we call REAL RIGHT. But upon
Anne expecting Janine to pay every month is what
we call PERSONAL RIGHT.
ART. 1165. When what is to be delivered is a
determinate thing, the creditor, in addition to the
right granted him by Article 1170, and may
compel the debtor to make the delivery.
Remedies of creditor in real obligation
Specific real obligation (obligation to deliver a
determinate thing)
Determinate or specific thing is something which is
susceptible of particular designation or
specification. (ex.) Mercedez Benz Car Model 2000,
Chasis No. 12345678910 with Plate No. BBB 2222.
And it also said that does not mean that the
creditor can use force or violence upon the debtor.
The creditor must bring the matter to the court and
the court and will be the one to order the delivery.
When a debtor does not fulfill his obligation to
deliver a determinate thing the creditor may avail
himself of the ff.
(1.) Complaint for specific performance; extrajudicial or judicial demand had been made
upon the debtor.
(2.) Complaint fore recission of the obligation;
EX:
(3.) Complaint for damages.

An obligation to deliver a determinate thing as a

general rule is extinguished if the thing is lost due ART. 1169
to fortuitous events. Whereas an obligation to
DELAY is not to be understood according in
deliver an indeterminate or generic thing is not
common parlance. Distinction should be made
extinguished by fortuitous events.
between ORDINARY DELAY and LEGAL DELAY.
EX:

Generic real obligation (obligation to deliver a

Ordinary delay- failure to perform an obligation on
generic thing)/ can be performed by a third person
time.
since the object is expressed only according to its
family or genus. Legal delay- failure to perform an obligation on
time constitutes a breach of the obligation.
EX:

DEBTOR DELAYS
An obligation to deliver a determinate thing as a
general rule is extinguished if the thing is lost due
to fortuitous events. Whereas an obligation to
deliver an indeterminate or generic thing is not
extinguished by fortuitous events.
Genus Nunguam Perit (Genus Never Perishes)
A fortuitous event is an extra ordinary event which
cannot be foreseen or which though foreseen is
inevitable. As a general rule no person shall be
responsible for those events which could not be
foreseen or which though foreseen were
inevitable.
The debtor is guilty of delay in the performance of
his obligation or has promised to deliver the same
thing to two or more persons who do not have
common interest he shall be liable for the loss of
thereof. Delay in paragraph 3 speaks of extra
ordinary or legal delay and not ordinary delay.
Extra ordinary delay is a delay tantamount to non-
fulfillment of obligation and arises after an
KINDS OF DELAY OR DEFAULT
1. MORA SOLVENDI- delay on the part of the
debtor to perform obligation.
2. MORA ACCIPIENDI- delay on the part of the
creditor to accept the performance the obligation
3. COMPENSATIO MORAE- delay of the obligation
in reciprocal obligations example of the creditor
causes the delay of the obligee/no actionable
default on the part of both parties.
REQUISITES OF DELAY BY THE DEBTOR
1. The debtor failure to perform his obligation on
the date agreed upon
2. Demand made by the creditor a fun the debtor
comply with his obligation which demand judicial
or extrajudicial
3. Failure of the debtor to comply with such
demand the obligation is already demandable. The
creditor has the burden of proving that demand
has been made.
EX: Janna ordered a 1 box of beauty products to
Ana. Janna obliged Ana to delivered it on March 1.
Ana failed to delivered it. Janna gave Ana 10 more
days but Ana failed to delivered it again now Ana is
liable of damages.
EFFECTS OF DELAY
1. MORA SOLVENDI- deter is cutie of breach of
obligation/ liable to the creditor for interest or
damages/ liable even for a purchase event when
the obligation is to deliver a determinate thing or
generic thing because she can deliver or other kind
but it must be in the same class and quality.
2. MORA ACCIPIENDI-
3. COMPENSATIO MORAE- delay of the obligor can
cancel the day of the obligation no default on the
both parties
ART. 1170
Fraud (dolo) – There is fraud or willful violation of
the obligation
EX: Anna obliged to pay 1000 to her shopee order.
After receiving the order she pay a fake 1,000
without the knowledge of the driver that it was
fake.
INCIDENTAL FRAUD- obligation already existing
EX: Anne enter into a contract to deliver 500 sacks
of mango to Noel with a price per cavan of 1,300
pesos, Anne delivered 400 bags but withheld the
delivery of the remaining, stating that the price
went up and priced the rice to 1,600 per sacks. The
fraud here is dolo incidental because it is
committed to the existing contract.
CASUAL FRAUD- execution of contract
EX: There was an ad offering work to female
college graduates to work as English tutors to rich
Hong Kong families but in truth that was
recruitment to work in a red light district or
pleasure district.
Negligence (culpa) – Refers to negligence arising
from contractual obligations, which are not fully
and faithfully complied by the obligor. This is
distinguished from culpa aquiliana, which refers to
negligence independent of any contractual
obligation.
EX: anna obliged to take a good care of the baby
that she babysit. While talking to the phone the
people to the pool. 10 sweet take the baby to the
hospital and the baby suffer a minor injury. Anna is
a fault of negligence and liable for the damage.
Delay (mora) – The delay must be either malicious
or negligent. (1169)
Contravention of the tenor of the obligation –
Violation of the terms and condition stipulated in
the obligation
EX: montessori school accept the student the
student has the obligation to obey the rules and
regulation of the school and the school has the
obligation to teach the student. If the student
violate the rules of the school the montessori
school has the authority to kick the student out of
school or give him a punishment.
-same with the school if the school failed to teach
and protect their student like if there an accident
happened inside the school like the bullying the
school is at fault.
ART. 1171
According to time of commission, fraud may be
past or future. The fraud referred to in this article is
the fraud that refers to the fulfillment of an
obligation rather than the fraud which is the origin
of the obligation.
ART. 1172
In determining the liability of a party for damages
resulting from his negligence in the fulfillment of
contractual obligation, the courts have
discretionary power to moderate the liability
according to the circumstances of the case.
However, this mitigation of damages is applied only
to liability arising from culpa as there is no
deliberate intention to cause damage or injury as
against fraud where there is a deliberate intention
to cause damage.
EX: If a passenger was himself is negligent then the
liability of the common carrier due to negligence
will be reduced.
KINDS NEGLIGENCE ACCORDING TO SOURCE OF
OBLIGATION
1. CONTRACTUAL NEGLIGENCE- negligence to
contracts and makes the death or liable for
damages
EX: Ana owned a rental service car. Carlo borrow
with one car then due to carlos negligence the car
got stole now carlo as the obligation to pay the
damage because of his negligence.
2. CIVIL NEGLIGENCE- negligence by itself and a
source of an obligation between the parties not so
related and also called quasi-delict.
EX: lto driving in a normal speed when one kid run
to his direction and she accidentally bumped the
kid. Now she has the obligation to pay the hospital
bill of the child.
3. CRIMINAL NEGLIGENCE- negligence resulting to
in the commission of a crime causing damage may
produce civil liability arising from a crime.
EX:
ART. 1173
NEGLIGENCE- is the failure to observe the
protection of the interest of another person
NATURE OF OBLIGATION (throwing a grabage to
the ilog)
CIRCUMSTANCES OF THE PERSON (A driver, who is
possibly drunk while driving)
CIRCUMSTANCES OF TIME (going outside when its
curfew time)
CIRCUMSTANCES OF THE PLACE (driving in a full
speed in school zone)
MEASURE OF LIABILITY FOR DAMAGES DAMAGES-
money compensation for the loss or injury from
breach of contract
EX: Breach of contract
Anton is an employee of Company B he is
scheduled to have a close deal amounting 1m to
Mr. A but anton didnt show up to their meeting.
Anton is not in good term with his company thats
why he didnt show up to avenge to his company.
Now Mr. A dont want to deal with their anymore.
Now the company loss of 1m pesos.
ART. 1174
THIS ARTICLE AS A GENERAL RULE EXCUSING THE
OBLIGOR IN THE NON-PERFORMANCE OF THE
OBLIGATION IF SUCH NON-PERFORMANCE IS
CAUSE BY ANY FORTUITOUS EVENT.
Fortuitous event – is any extraordinary event which
cannot be foreseen, or which, though foreseen is
inevitable.
FORTUITOUS EVENT DISTINGUISH FROM FORCE
MAJEURE
ACTS OF MAN (war)
ACTS OF GOD (pandemic)
KINDS OF FORTUITOUS EVENTS
ORDINARY FORTUITOUS EVENT- common and can
be forsee (rain)
EXTRA ORDINARY FORTUITOUS EVENT- uncommon
and not able to foreseen (earthquake)
ART. 1175
SIMPLE LOAN- whereby one of the parties delivers
to another like a money or other consumable thing
USURY- receiving interest in excess of the amount
allowed by the law for the loan
REQUISITES
-play payment for interest
-must be a stipulated to the agreement
-must be in writing interest must be lawful
LOAN- giving a sum of money, goods, or credit to
another, with a promise to repay but not a
promised to return the same thing
INTEREST- income produced by money in relation
to its amount and to the time that it cannot be
utilized by its owner. Interest s may either be
moratory (paid in contractual obligations to pay a
sum of money, or as the stipulated advanced
determination of the damages due to the delay in
fulfillment of the obligation) or compensatory
(interest on obligations which have an extra
contractual or delictual origin)
ART. 1176
-resumption fact not actually known arising from
its connection.
-EX: Ana was cleaning the room of her madam then
she accidentally saw a ring under the bed and that
ring is the ring that her madam was looking for.
The madam came to the room is withness that ana
was holding the ring and accused her of stealing.
Because no one was their the madam conclude
that ana really stole it.
Ana can contradict the accusations by showing
some evidence that she didnt do it.
TWO KINDS OF RESUMPTION
CONCLUSIVE PRESUMPTION- cannot be
contradicted because everyone conclusively
presumed to know the law
DISPUTABLE PRESUMPTION- can we contradicted
by presenting proof
ART. 1178
General Rule: All rights that are acquired by virtue policy. Such stipulation, being contrary to the
of an obligation are transmissible. general rule, should not be easily implied, but must
be clearly proved, or at the very least, clearly
Subject to such laws, all rights acquired by virtue of
implied from the provisions of the contract itself.
an obligation are transmissible. Heirs shall be liable
only to the extent of what they stand to inherit.

TRANSMISSIBILITY- is that character whereby an

act, a deed or a title whereby it passes on to one’s
heirs or assigns.

- are rights that do not pass on to one’s heirs or

assigns.

EXCEPTIONS:

(1) Prohibited by law. — When prohibited by law,

like the rights in partnership, agency, and
commodatum which are purely personal in
character.

(a) By the contract of partnership, two or more

persons bind themselves to contribute money,
property or industry to a common fund, with the
intention of dividing the profits among themselves.
(Art. 1767.)

(b) By the contract of agency, a person binds

himself to render some service or to do something
in representation or on behalf of another, with the
consent or authority of the latter. (Art. 1868.)

(c) By the contract of commodatum, one of the

parties delivers to another something not
consumable so that the latter may use the same for
a certain time and return it.

(2) Prohibited by stipulation of parties. — When

prohibited by stipulation of the parties, like the
stipulation that upon the death of the creditor, the
obligation shall be extinguished or that the creditor
cannot assign his credit to another. The stipulation
against transmission must not be contrary to public