Professional Documents
Culture Documents
• Extraordinary diligence
• Ordinary diligence
• Slight diligence
DILIGENCE OF A GOOD FATHER OF A FAMILY
From the nature of their business and for reasons of public policy,
common carriers are bound to observe extraordinary diligence in relation
to the safety of passengers transported by them, according to the
circumstances of each case.
Westwind Shipping Corporation v. UCPB General Insurance Co., Inc. G.R. 200289,
25 November 2013
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.
FRUITS OF THE THING
Natural Fruits
Industrial Fruits
Civil Fruits
WHEN THE OBLIGATION TO DELIVER ARISES
Under Art. 1164, the creditor has the right to the fruits of
the specific thing from the time the obligation to deliver arises.
The time the obligation to deliver the thing arises is the due
date or the time when the creditor can demand the
performance of the obligation.
DUE DATE VS. ACTUAL DELIVERY DATE
Although the creditor has a right to the thing and the fruits
of the thing on the due date, the creditor acquires only
ownership over the thing upon the delivery.
The creditor may have a personal or a real right over a thing.
• Under the New Civil Code, ownership does not pass by mere
stipulation but only by delivery.
KINDS OF DELIVERY
(1) traditio simbolica (symbolical tradition) - (as when the keys of a bodega are given)
(2) traditio longa manu – delivery by mere consent or the pointing of the object. (Ex. pointing out the
car, which is the object of the sale.)
(3) traditio brevi manu – that kind of delivery whereby a possessor of a thing not as an owner, becomes
the possessor as owner.
(4) traditio constitutum possessorium – the opposite of brevi manu; thus, the delivery whereby a
possessor of a thing, as an owner, retains possession no longer as an owner, but in some other
capacity.
(5) tradition by execution of legal forms and solemnities – (like the execution of the public instrument
selling land)
ARTICLE 1165
When what is to be delivered is a determinate thing, the creditor, in addition to the right
granted him by Article 1170, may compel the debtor to make the delivery.
If the thing is indeterminate or generic, he may ask that the obligation be complied with at
the expense of the debtor.
If the obligor delays, or has promised to deliver the same thing to two or more persons who
do not have the same interest, he shall be responsible for any fortuitous event until he has
effected the delivery.
REMEDIES OF THE CREDITOR WHEN THE
DEBTOR FAILS TO COMPLY WITH HIS
OBLIGATION
(a) Demand Specific Performance of the obligation.
(b) Demand Rescission or Cancellation.
(c) Demand Damages either with or without either of the first
two, (a) or (b).
EFFECT OF FORTUITOUS EVENTS
(1) Undo the act at the expense of the debtor, plus damages; or
(2) When the act cannot be undone, demand damages (Art. 1170).
ARTICLE 1169
Those obliged to deliver or to do something incur in delay from the time the obligee judicially or
extrajudicially demands from them the fulfillment of their obligation.
However, the demand by the creditor shall be necessary in order that delay may exist:
In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to
comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills
his obligation, delay by the other begins.
Delay (default or mora) – delay in the fulfillment of obligations.
The civil law concept of delay commences from the time the creditor demands,
judicially or extrajudicially, the fulfillment of the obligation from the debtor.
NO DEMAND, NO DELAY
The following are the requisites before the debtor may be held in
delay:
(1) The obligation is demandable and already liquidated;
(2) The creditor requires the performance judicially or extrajudicially;
and
(3) The debtor does not perform the obligation after the demand of the
creditor because of dolo (malice) or culpa (negligence).
Note: Demand, whether judicial or extrajudicial, is not
required before an obligation becomes due and demandable. A
demand is necessary to put the debtor in delay to make him
liable for interest or damages. (Autocorp group v. Intra Strata
Assurance Corporation, G.R. No, 166662, 27 June 2008)
Atlantic Erectors, Inc. v. Court of Appeals, G.R. No. 170732, 11
October 2012.
When the contractor fails to finish the work within the period
agreed upon by the parties without a justifiable reason and after the
owner makes a demand, the liability for the damages as a
consequence of such default or delay arises.
INTEREST AS DAMAGES
In Resolution No. 796 dated May 16, 2013, the Monetary Board of the Bangko
Sentral ng Pilipinas (BSP) approved the revision of the interest rate to be
imposed on the loan or forbearance of any money, goods, or credits as well as
that allowed in judgments in the absence of an express stipulation. Under BSP
Circular No. 799, effective since July 31, 2013, the legal interest is now 6% per
annum.
KINDS OF DELAY
Compensatio morae – is the mutual delay of the parties. It cancels out the effects
of default.
EXCEPTIONS TO THE ”NO DEMAND, NO DELAY”
RULE.
Article 1169 provides the instances when demand is NOT necessary before delay is incurred:
Exceptions: (a) contrary to public interest (b) contrary to public order; or (c) prejudicial
to a third person. (Art. 6, NCC)
Note: The waiver of action for future fraud is void because it gives a license to perpetrate
fraud without liability, rendering inutile the obligation of the party (Art. 1171)
ARTICLE 1172
DOLO NEGLIGENCE
(a) There is DELIBERATE (a) Although voluntary (that is, not
intention to cause damage. done thru force) still there is NO
DELIBERATE intention to cause
damage.
(b) Liability arising from dolo (b) Liability due to negligence may
cannot be mitigated or reduced by be reduced in certain cases.
the courts.
(c) Waiver of action to enforce (c) Waiver of an action to enforce
liability due to future fraud is void. liability due to future culpa may in
certain sense be allowed.
ARTICLE 1173
The fault or negligence of the obligor consists in the omission of that diligence
which is required by the nature of the obligation and corresponds with the
circumstances of the persons, of the time, and of the place. When negligence shows
bad faith, the provisions of Articles 1171 and 2201, paragraph 2, shall apply.
If the law or contract does not state the diligence which to be observed in the
performance, that which is expected of a good father of a family shall be required.
NEGLIGENCE IS THE OMISSION OF DILIGENCE
Svendsen v. People
Chua v. Timan
Svendsen v. People
(1) It is presumed that interest has been paid when the creditor
receives the payment of the principal without reservation
as to the interest.
(2) It is presumed that prior installments have been paid when
the creditor receives a later installment of a debt without
reservation as to the prior installments.
ARTICLE 1177
1. That the creditor asking for rescission has a credit prior to the alienation, although
demandable later;
2. That the debtor has made a subsequent contract conveying a patrimonial benefit to a
third person;
3. That the creditor has no other legal remedy to satisfy his claim, but would benefit by
rescission of the conveyance to the third person;
4. That the act being impugned is fraudulent; and
5. That the third person who received the property conveyed, if by onerous title, has been
an accomplice in the fraud.
An action to rescind or an accion pauliana, must be of the last
resort, availed of only after the creditor exhausts all of the
properties of the debtor NOT exempt from execution, or after all
other legal remedies are exhausted and proven futile.
(Metropolitan Bank and Trust Company v. International
Exchange Bank, G.R. Nos. 176008 & 176131, 10 August 2011)
ARTICLE 1178