Obligations – Chapter 2 – Nature and Effects of Obligations

OBLIGATION TO GIVE – Real obligation 1. Specific or determinate obligation

2. Generic or indeterminate obligation

What is the difference between a specific or determinate object and a generic or indeterminate object
in an obligation to give?

Correct

In an obligation to give, the object is specific if it can be identified with particularity (MAO NA JUD NANG
BUTANGA, WA NAY LAIN PA)

The object is generic or indeterminate if there are still other objects of the same kind, quality and quantity
available elsewhere (MURAG ING-ANA NGA BUTANG)

NOTE : DO NOT CONFUSE THE SPECIFIC NAME OF THE OBJECT, WITH THE SPECIFIC OBJECT
ITSELF.

Like, a motorcycle, that is generic, kay daghang motor

How about a Honda Motorcycle? The name is specific nga Honda Motorcycle, pero DAGHANG Honda
Motorcycle, mao na nga generic na

Bisan pag mo ingun kag a Red Honda Wave Motorcycle, daghan pa gihapon ng Red Honda Wave Motorcycle,
so generic gihapon na.

But if you will say, a Motorcycle with Plate No. ECQ 3162 and Engine No. JDK15201552, there is only one
motorcycle with that plate number and engine number, so the object is now specific.

What kind of objects are the following?

A pencil
A Mongol Pencil
A Mongol Pencil No. 1
A Mongol Pencil No. 1 sold at BQ

All are generic objects, daghan pa ng Mongol Pencil bisan sa BQ

But if you will say, THE ONLY MONGOL PENCIL, then the object is now specific, ONLY, so usa ra jud na sija.

Why is it important that you should know whether an obligation to give is specific or generic?

Correct

It is important to determine whether the obligation is specific or generic because the obligation of the debtor in
an obligation to give a specific object is different if the object is generic.

The same is also true on the rights of the creditor. The right of the creditor is different if the obligation is
specific.

NOTE : IMPORTANT RA NING SPECIFIC OR GENERIC OBJECT IN AN OBLIGATION TO GIVE.

(MOHATAG UG BUTANG)

IN OBLIGATIONS TO DO OR NOT TO DO, SIYEMPRE, WA NAY SPECIFIC OR GENERIC ANA KAY WA NA

MAN KAY IHATAG NGA BUTANG.
What are the obligations of the Debtor in an Obligation to Give if the Object is Specific?

Correct

1. Preserve the thing itself pending delivery (specific man, so na identified jud ug unsang butanga e
deliver, dili lang ag name sa butang, ag butang jud mismo) – the diligence required is ordinary diligence
or ordinary care, which is the diligence of a good father of a family. (Art. 1163)

2. Deliver the thing itself – ag butang jud mismo, dili pwede ug laing butang. (Art. 1244)

3. Deliver all accessions and accessories – dili na bayaran ag mga accessions ug accessories, apil na na
nga e deliver. (Art. 1166)

4. Deliver the fruits of the thing – only the fruits the specific thing from the time the thing is to be delivered
onwards. Ag fruits prior to the time of delivery, it is the debtor who is the owner of the same. (Art, 1164)

Example : The boarding house is to be delivered on April 1, 2022. Ag income sa boarding house as of March
31, 2022 belongs to the seller, however, ag income beginning April 1, 2022, now belongs to the buyer.

5. Answer for damages in case of breach (violation of the terms of the obligation)

What are the obligations of the Debtor in an Obligation to Give if the Object is Generic?

Correct

1. Deliver a thing which neither of superior nor of inferior quality. – if the obligation is to deliver a
motorcycle (generic), then the debtor is bound to deliver a motorcycle which is neither of superior nor of
inferior quality. (WA NA TONG NO. 1 TO NO. 4 NGA OBLIGATION if the object is specific kay ug
generic ag object, wa jud ma identify ug unsa jung butanga, basta ing ana nga butang ray gi agreehan)
(Art. 1246)

2. Answer for damages in case of breach

What diligence is required for the following :

In an obligation to deliver a specific thing?
In an obligation to transport goods?
In an obligation to transport passengers?

Correct

In an obligation to deliver a specific thing ? – ordinary diligence or the diligence of a good father of a family

In an obligation to transport goods? – extra-ordinary diligence

In an obligation to transport passengers? – utmost diligence, the highest degree of diligence

What is the difference between accessions and accessories?

Correct

Accessions are fruits or additions or improvements of the thing (like trees that grows in the land, the pearl
inside the sea shell, etc.)

Accessories are joined or included in the principal thing for EMBELLISHMENT, BETTER USE or
COMPLETION (like battery and charger sa cellphone, tools and key sa motor, etc.)
NOTE : THE ACCESSIONS and ACCESSORIES SHOULD BE DELIVERED WITHOUT ANY ADDITIONAL
PAYMENT.

What are the kinds of fruits?

Correct

Natural – are spontaneous product of the soil or the young and other product of animals (like the fruits sa mga
trees in an idle land, honey of bees, eggs sa chicken, offspring of animals)

Industrial – fruits of the soil through the industries of man (rice in the ricefield, mango in mango plantation,
flowers in a flower garden, etc.)

Civil – fruits as a result of a juridical relation (interest income, dividend income, rental income)

Bo Takal is obligated to deliver to Ihid a specific female pig on April 4, 2021 at 4 A.M.. On April 3, the
specific female pig delivered 2 offspring. On April 4 at 5 A.M., the same specific female pig delivered an
additional 4 offspring. Who is the owner of the offsprings?

Bo Takal is the owner of the 2 offspring born on April 3, because the time for the delivery of the specific female
pig has not yet arrived.

Ihid is the owner of the 4 offspring born on April 4 at 5 A.M. because the time for the delivery of the specific
female pig has already lapsed.

However, the right of Ihid over the specific female pig and the 4 offspring prior to their delivery is merely a
personal right, meaning, a right that can be exercised against Bo Takal only.

If Bo Takal delivered the specific female pig as well as all of the offspring to another person, Anay, then, Ihid
cannot go against Anay, because his right is a personal right against Bo Takal only. Ihid can only file damages
against Bo Takal.

The right of Ihid over the specific female pig and the 4 offspring will become a real right only after all has been
delivered to him by Bo Takal.

What is the remedy of the creditor in an obligation to do, if the debtor failed to perform the act?

Correct

It will be executed at the expense of the debtor. (Art. 1167)

The debtor cannot be compelled to do the act for it will amount to involuntary servitude, which is
unconstitutional.

What is the remedy of the creditor in an obligation not to do, if the debtor did what was forbidden?

Correct

It will be undone at the debtor’s expense. (Art. 1268)

Ipa kuha sa laing taw, ag debtor pa bayaron sa gasto.

What is the difference between ordinary delay and legal delay or default?

Correct

Ordinary Delay – the debtor failed to perform the obligation on due date

Legal Delay or Default – the due date has already lapsed and debtor still failed to perform the obligation
despite a demand made by the creditor.

What is required in order to place the debtor who is in ordinary delay to be in legal delay or in default?

Correct

A demand must be made, whether judicial (court action) or extrajudicial (oral or written demand)

GENERAL RULE : NO DEMAND : NO DEFAULT

Bisan pag pila na months from due date, ug wa pay demand, wa pa pud ma default ag debtor.

What are the kinds of Default?

Correct

1. Mora solvendi – default on the part of the debtor to perform the obligation

2. Mora accipiendi – default on the part of the creditor to accept payment or performance

3. Compensatio Morae – default on both the part of the debtor and creditor

What is/are the advantage(s) of placing the debtor in legal delay or in default?

1. The debtor can be held liable for damages (mental)

2. The debtor can still be held liable even if the thing due is lost due to a fortuitous event.

What are the exceptions to the rule that demand is needed in order to place the debtor in default?

Correct

1. The law provides, ex. Payment of taxes

2. The stipulation of the parties provides (Stipulation is a condition, demand, or promise in an agreement
or contract.)

3. Time is of the essence – like the food should be delivered at 8:00 PM tonight for the birthday party. Ug
di ma deliver, automatic nga default na, di na kinahanglan mo demand pa.

4. Demand would be useless – kay wa na dinha ag butang, tua na gi deliver ug laing taw, so demand
would be useless, automatic nga default na ag debtor.

What are the kinds of DAMAGES?

MENTAL
Moral – There is mental and physical pain (gi pasakitan mentally, emotionally or sa lawas jud)

Exemplary - to set example

Nominal - to vindicate a right that has been violated ( gi ilogan ug land)

Temperate - when exact amount of actual damages can’t be determined

Actual – substantiated by proof (naay records ipakita sa amount sa damage like gasto sa hospital)

Liquidated – injury is yet to happen/predetermined by parties – wa pay violation, pero ga agree na daan ug
pilay bayaran nga damages in case of violation

NOTE : WHEN WE WILL BE TALKING ABOUT DAMAGES IN LAW 1, WE ARE REFERRING TO

MONETARY DAMAGES ( dili kay naay naguba)

What are the instances wherein the debtor can be held liable for damages?

Correct

1. Fraud or deceit or dolo – intentional evasion of the normal fulfillment of the obligation (tikas)

2. Negligence or culpa (quasi-delict) - omission of diligence required by the NATURE OF THE

OBLIGATION

- corresponds w/ the circumstances of the

Person
Time
Place
- ga danghag

3. Default or mora – default (already discussed)

4. Breach of Contract - Contravention of the terms of the obligation – violation of the terms of the
obligation

NOTE : THE INSTANCES WHEREIN THE DEBTOR CAN BE HELD LIABLE FOR DAMAGES ARE ALSO
EXCEPTIONS TO THE RULE ON FORTUITOUS EVENT

What are the kinds of Fraud?

Correct – Art. 1171

1. Dolo causante (causal fraud) - to induce another to enter into Contract, hence, consent is vitiated

- voidable contract

Remedy – ANNULMENT

2. Dolo incidente (incidental fraud) - fraud in the performance

Remedy - demand for DAMAGES

NOTE : ANY WAIVER OF AN ACTION FOR FUTURE FRAUD IS VOID

What are the kinds of Negligence?

Correct – Art. 1172

1. Contractual or Culpa Contractual – with existing contract

 2. Civil or Culpa Aquillana or quasi-delict – without existing contract

3. Criminal or Culpa Criminal – with or without existing contract

What is the rule on Fortuitous Event?

Correct, Art. 1174

LOSS OF A SPECIFIC THING DUE TO A FORTUITOUS EVENT EXTINGUISHES AN OBLIGATION

What are the exceptions to the rule on Fortuitous Event?

Correct

• NO LIABILITY FOR FORTUITOUS EVENT, EXCEPT: (SLN)

i. Stipulation

ii. Law

iii. Nature of obligation requires the assumption of risk

iv. Debtor is guilty of fraud, negligence, default and contravention of the terms of the obligation

• EVEN IF THE DEBTOR HAS NO FAULT/DUE TO FORTUITOUS EVENT, DEBTOR IS LIABLE WHEN:

i. He is already in delay (legal) or default

ii. Me made several promises to several persons

iii. The thing lost is a proceed of a crime

iv. The thing due is generic

NOTE : IF ALREADY DELIVERED BUT CREDITOR REFUSES TO ACCEPT AND THE THING IS LOST DUE
TO FORTUITOUS EVENT, OBLIGATION IS EXTINGUISHED

What are the kinds of presumptions?

Correct

1. Conclusive – admitted as the truth, no evidence can contradict the presumption

2. Disputable – evidence may be presented to dispute the presumption (not final ag presumption)

If you are lending money with interest, where will you apply the payments first?
Correct

Payments should be applied to the interest first, otherwise, there is a disputable presumption that the principal
is already paid (Art. 1176)

The same rule applies in obligations payable on installments, payments should be applied on the past unpaid
installments first, before applying the payments to the current installment due.

Mang Ilad who is selling refurbished cellphones represented to Cush Tomer that the cellphones are
all brand new. Cush Tomer accepted the offer of Mang Ilad due to his representation. Mang Ilad is
guilty of?
Correct

Dolo causante or causal fraud.

The contract is voidable and can be annulled at the instance of Cush Tomer

The mother of Stew Dent sent through Southern Star Bus No. 5243, 1/2 sack of rice and dried fish
from Ubay to Tagbilaran. When Stew Dent claimed the provisions from the bus driver and helper of
Bus No. 5243, she was told that the rice and dried fish are wet due to the rain. The bus driver and
helper can be held liable for damages based on?
Correct

Culpa Contractual because there is an existing contract between the mother of Stew Dent and the Bus
Company, Driver and Helper for the delivery of the rice and dried fish to Stew Dent. The driver and bus helper
should have exercised the extra-ordinary in the preservation of the goods.

The mother of Stew Dent sent through Southern Star Bus No. 5243, 1/2 sack of rice and dried fish
from Ubay to Tagbilaran. When Stew Dent claimed the provisions from the bus driver and helper of
Bus No. 5243, she was told that the rice and dried fish were stolen. Is the obligation of the bus driver
and helper extinguished due to fortuitous event?
Correct

No, even if the ½ sack rice and dried fish (which are specific objects kay mao toy gi pada jud) were lost due to
a fortuitous event, the obligation is not extinguished because the obligation requires the assumption of risk.

The fence of Tikboy was damaged because it was hit by a speeding car driven by Ace. What is the
basis in the liability of Ace for damages?
Correct

Culpa Aquillana or Civil Negligence or Torts or Quasi Delict, which in itself is a source of an obligation

While walking beside the road, Tekla was hit by a speeding car driven by Vince, causing injuries to
Tekla. What is the basis for liability of Vince for damages?
Correct

Culpa Criminal because due to the negligent act of Vince, Tekla suffered injuries.

Vince can also be held liable for Culpa Aquillana, but not for Culpa Contractual because there is no existing
contract between Tekla and Vince.

O. Tangan is obligated to Kwar Tahan in the amount of P500 due today. Just a few minutes ago, while
O. Tangan was on his way to the residence of Kwar Tahan, bringing with him the P500 in order to pay
his obligation, O. Tangan was robbed by armed men, who took the P500 of O. Tangan, his only
money. Is the obligation of O. Tangan extinguished?
No, because P500 is generic, O. Tangan can still look for another P500.

Even if the P500 was the only money of O. Tangan during that time, O. Tangan can still look for another P500.

The rule on fortuitous event which will extinguish the obligation will only apply if the object is specific.

Mang Otang borrowed money from Pen Sionado amounting to P20,000 with interest of P1,000 per
month payable in 5 months. 3 months later, Mang Otang paid Pen Sionado the amount of P20,000 and
Pensionado issued a receipt applying the P20,000 payment for the principal loan. Can Pen Sionado
still collect the interest due?
Correct
Yes, Pen Sionado can still collect the interest due, but he will have to prove in court that the interest has not
yet been paid.

The presumption under Art. 1176 is that, there is a presumption that the interest is already paid if a receipt for
the principal is issued is not conclusive, so pwede pa paninglon, pero, e prove pa sa court.