Professional Documents
Culture Documents
O
D NATURE & EFFECT OF
U OBLIGATIONS (ART. 1163 – 1178)
L EDMAR JAMES I. SEBUA, CPA
E
3
Explain the meaning of Delay and its kinds and its corresponding
effects to obligations;
Elaborate the grounds for civil liability;
Explain the responsibilities of the parties in case of fraud and
negligence; meaning of fraud and negligence;
Explain Fortuitous events and its applicability and effect to
obligations;
Determine meaning of a simple loan (mutuum), and the requisites
for the recovery of interest;
Know the meaning of presumptions and its kinds;
Determine the remedies available to creditors for the satisfaction of
their claims and the transmissibility of rights.
SPECIFIC THING & GENERIC THING
Provisions of Art. 1163 relates to the degree of diligence that must be exercise when
fulfilling an obligation to give a specific (determinate) thing. Moreover, provisions
for a generic (indeterminate) thing are also discussed.
Examples: (1) a Bulova watch; (2) the sum of P1,000; (3) a dog named “Bantay”; (4) a cavan
of rice; (5) a motorcycle.
A specific thing is identified by its individuality and the debtor CANNOT substitute it with
another without the consent of the creditor while a generic thing is identified only by its specie
or class and the debtor CAN substitute or give anything of the same class as long as it is of the
same kind.
DUTIES OF DEBTOR IN OBLIGATION
TO GIVE A SPECIFIC OR DETERMINATE THING
1. Preserve the (specific) thing – the obligor has the incidental duty to take care of the thing
with the diligence of a good father of a family pending delivery or while delivery has
not been made.
(a) Diligence of a good father of a family – the phrase has been equated to ordinary
The debtor MUST exercise
care or that diligence of an average/prudent person over his own property. diligence to insure that the
thing to be delivered would
(b) Another standard of care – However, if the law or agreement of the parties subsist or stay in the same
condition as it was when the
provides for another standard of care which is more than ordinary care, then said law or obligation was first
agreement must prevail. contracted. Without such
obligation, the debtor would
Therefore, under the law, for instance, a common carrier (person or a company be negligent and he would
engaged in transportation of people or cargoes) is bound to carry the passengers safely as far not be liable if the property
as human care can provide, using extraordinary diligence of very cautious persons. is lost or destroyed through
his fault.
What factors must be considered? The diligence required necessarily depends upon the:
1) Nature of the obligation 3) Circumstances of time
2) Circumstances of persons 4) Circumstances of place
This factors will be discussed thoroughly in Art. 1173
DUTIES OF DEBTOR IN OBLIGATION
TO GIVE A SPECIFIC OR DETERMINATE THING
2. Deliver the fruits of the (specific) thing – the debtor is obligated also to deliver the thing’s
fruits. The fruits mentioned by the law refers to natural, industrial, and civil fruits.
(a) Natural fruits – spontaneous products of the soil, and the young and other
products of animals produced without human intervention.
Art. 1164. The creditor
Examples: Grass, Trees and Plants on a land produced without the intervention of has a right to the fruits
of the thing from the
human labor
time the obligation to
deliver it arises.
(b) Industrial fruits – those produced by land of any kind through cultivation or However, he shall
human labor. acquire no real right
over it until the same
Examples: Sugar cane; vegetables; rice; and all products of land brought about by has been delivered to
him
reason of human labor.
When will be time the obligation to make delivery (of the thing and fruits) arises?
• Generally, the obligation to deliver arises from the time of the “perfection (birth) of
the contract/agreement”. Birth of contract = meeting of minds of the parties.
• If obligation is subject to suspensive condition or period (Art. 1179, 1189, 1193), Art. 1164. The creditor
delivery arises upon the fulfillment of condition or arrival of the period/term. has a right to the fruits
of the thing from the
• In a contract of sale, obligation to deliver arises from the perfection of the contract.
time the obligation to
deliver it arises.
Personal right (jus in personam) vs. Real right (jus in re) However, he shall
(1) Personal right – right/power of a person (creditor) to demand from another person (debtor), acquire no real right
as a definite passive subject, the fulfillment of the latter’s (debtor) obligation to give, to do, or over it until the same
not to do. Therefore such right is enforceable against a specific person (debtor) only. has been delivered to
him
(2) Real right – right/power of a person over a specific thing (like ownership or possession),
without a definite passive subject. Therefore such right is enforceable against the whole world.
Therefore, pending delivery of the fruits, the creditor has only a personal right over such fruits.
When delivery has already been made and creditor acquires physical possession, he already has
a real right over such fruits.
DUTIES OF DEBTOR IN OBLIGATION
TO GIVE A SPECIFIC OR DETERMINATE THING
3. Deliver the accessions and accessories - the debtor is obligated also to deliver the all of the
thing’s accessions and accessories.
4. Deliver the (specific) thing itself – the primary thing itself should be delivered. Delivery may be actual
(physical) or constructive. (Art. 1477)
Delivery - Not only a necessary condition for the enjoyment of the thing, but also the mode of
transferring ownership.
1. To deliver a thing which is of the quality intended by the parties taking into
consideration the purpose of the obligation and other circumstances; and
When the obligation consists in the delivery of an indeterminate or generic thing,
whose quality and circumstances have not been stated, the creditor cannot demand
a thing of superior quality. Neither can the debtor deliver a thing of inferior
quality. The purpose of the obligation and other circumstances shall be taken into The benefit of Article
consideration. (Art. 1246) 1246 may be waived by
the creditor or by
accepting a thing of
Example: S promised to deliver to B a horse. B cannot compel S to deliver a price- inferior quality, and by
winning race horse. Neither can S require B to accept an old sickly horse. the debtor by delivering
• If B’s main diversion in life is horse racing and it is known by S, and the price agreed a thing of superior
upon is reasonable price for a race horse, then S must deliver a race horse. quality.
• If B is a calesa driver and the price agreed upon is reasonable price for a horse for calesa,
then that kind of horse may be delivered.
• If B is a veterinary doctor and his purpose in buying a horse is to examine its organs in
connection with his work, then an old sickly horse may be intended by the parties to be
delivered.
It has the same remedies as that of the remedies when a debtor fails to comply with his obligation to
give a specific thing. (i.e. Specific Performance, Rescission, and Payment of Damages).
What is added to the remedies available for a generic real obligation is SUBSTITUTE
PERFORMANCE. Therefore, a generic real obligation may be done by some else other than the
debtor himself (third person) since the object or thing to be delivered is expressed only according to Art. 1165. (2nd
its family or class. paragraph) If the thing is
indeterminate or generic,
Therefore it is not necessary for the creditor to COMPEL the debtor to make delivery, although he he may ask that the
may ASK for performance of obligation. In any case either, the creditor has the right to recover obligation be complied
damages in case of breach or violation of the obligation. with at the expense of the
debtor.
{par. 3 to be discussed on
Example: S obliges himself to deliver to B 100 sacks of rice on December 5 for P50,000. S does not
Arts. 1169, 1174, 1263}
comply with the obligation. What can B do?
B may ask specific performance from S with right to damages in case S still doesn’t make delivery on
December 5; or
B may rescind/cancel the obligation with right to damages; or
B can demand damages to S on the ground of breach of contract; or
B may buy rice from C, a third person. If B paid C P55,000, he may recover (assuming B has not yet
paid S) P5,000 from S.
REMEDIES OF CREDITOR IN
POSITIVE PERSONAL OBLIGATION
What are the remedies available to the creditor in case the debtor fails to comply or complies but
contrary or poorly with his obligation to do (positive personal obligation)?
1. If the debtor fails to comply with his obligation to do, the creditor has the right:
To have the obligation performed by himself (creditor), or by another (third person), at the debtor’s Art. 1167. If a person
expense; and obliged to do something fails
To recover damages. to do it, the same shall be
executed at his cost.
This same rule shall be
2. In case the obligation is done in contravention of the terms or is poorly done, it may be ordered (by the court observed if he does it in
upon complaint) that it be undone if it is still possible to undo what was done. contravention of the tenor of
It must be noted that a positive personal obligation, like a generic real obligation, CAN be the obligation. Furthermore,
performed by a THIRD PERSON. While the debtor can be compelled to make delivery of specific it may be decreed that what
has been poorly done be
thing, a specific performance or positive personal obligation cannot be compelled because it would be undone.
tantamount to INVOLUNTARY SERVITUDE which is prohibited under the Constitution. (Art.
III, Sec. 18)
Example:
• X binds himself to construct the house of B. If X does not construct the house, B may construct the
house himself or ask C to construct at the expense of X on both cases.
• If X do construct the house but not according to specifications or poorly done, B can ask to do it
according to the specifications, if X refuses, the obligation may be done by B himself or by C at the
expense of X in both cases.
REMEDIES OF CREDITOR IN
NEGATIVE PERSONAL OBLIGATION
Article 1168 relates to an obligation not to do. In negative personal obligation, the duty of the obligor is to
abstain from an act. Hence, there is not specific performance.
Unlike in real obligations (specific or generic) and positive personal obligation (to do), negative personal
obligation (not to do) doesn’t impose a liability in case the debtor is delay in performing the obligation. No
one can be in delay in performing nothing.
As a rule, the remedy of the creditor/oblige is the undoing of the forbidden thing/act plus damages.
Art. 1168. When the
However, if it is already impossible to undone what has been done, the remedy is an action for damages
obligation consists in
only caused by the debtor’s violation of his obligation.
not doing, and the
obligor does what has
Example:
been forbidden him, it
B bought a land from S. It was stipulated that S would not construct a fence on a certain portion of his land
shall be undone at this
adjoining that is sold to B. If S constructs a fence, what would be the remedy of B?
expense.
S violates the agreement, therefore B can bring an action to have the fence removed at the expense of
S.
If the removal of the fence becomes impossible, B can demand of an action for damages to S.
DELAY/DEFAULT – CONCEPTS & KINDS
Delay, as used in law, is not to be understood according to its meaning in common parlance. A distinction
should be made between an ordinary delay and a legal delay (as used in law).
The creditor has the burden to prove that demand has been made to put a debtor in delay.
Also, the debtor also has the duty to prove that the delay was not caused by his fault to relieve
himself from any liability.
Generally, No demand, No delay rule. Exceptions to the rule are found at Art. 1169 2 nd paragraph.
DELAY/DEFAULT – EFFECTS
The following are the effects of delay:
1. Mora solvendi (delay on the part of the debtor)
The debtor is guilty of breach or violation of the obligation;
The debtor is liable to the creditor for interest (in case of obligation to pay money) or
damages;
The debtor will be liable for fortuitous events when the obligation is to deliver a determinate
thing (Art. 1165, 1170), but if the debtor can prove that whether he is in delay or not, loss
would occur, the courts may mitigate or reduce his liability for damages;
The debtor can still be compelled to deliver a generic thing because of the principle that Art. 1169. (3rd paragraph)
generic thing never perishes (genus nunquam perit). In reciprocal obligations,
neither party incurs in
delay if the other does not
2. Mora accipiendi (delay on the part of the creditor)
comply in a proper manner
The creditor is guilty of breach or violation of the obligation; with what is incumbent
The creditor is liable to the debtor for damages, if any, and the debtor will not be liable for upon him. From the
interest (in case of obligation to pay money) from the time of creditor’s delay; moment one of the parties
The creditor will bear the risk of loss of thing due (Art. 1262); fulfils his obligation, delay
The debtor may release himself of the obligation by consignation or deposit in court of the by the other begins.
thing or sum due (Art. 1256).
2. Causal fraud (dolo causante) – fraud employed in the execution of a contract or at the
start of the life of the contract. Article 1338 talks about this type of fraud (vices of consent).
Example: S offered to sell to B a ring, claiming that the stone on the ring is diamond. S knows
that it is not diamond but ordinary glass. If B buys the ring, relying on the truth of the
representation of S, the sale may be annulled/cancelled on the ground of fraud.
GROUNDS FOR LIABILITY TO DAMAGES
Article 1170 provides the four (4) ground for liability which may entitle the injured/aggravated party to
damages:
2. NEGLIGENCE (fault or culpa) – is any voluntary act or omission, there being no bad faith or
malice, which prevents the normal fulfillment of an obligation. It is also a failure to observe
that degree of care, precaution, and vigilance which the circumstances justly demand, whereby
such other person suffers injury.
If the debtor will be found guilty of negligence, he shall be responsible for damages and his
obligation can be demanded with respect to all kinds of obligations. His damages can be
mitigated as being regulated by the courts. Waiver of an action for future negligence is void Art. 1173. (1st paragraph)
IF IT SHOWS BAD FAITH but any waiver of an action for future negligence may be The fault or negligence of the
renounced except in cases where the obligation requires extraordinary diligence. (Art. 1172) obligor consists in the
omission of that diligence
How to determine if a party is guilty of negligence? What factors must be considered? which is required by the
a. Nature of the obligation. Example: Smoking while carrying inflammable materials (e.g. nature of the obligation and
gasoline) constitutes negligence. corresponds with the
circumstances of the person,
of the time and of the place.
b. Circumstances of the person. Example: A security guard, a man in the prime of life, robust
When negligence shows bad
and healthy, sleeping while on duty is guilty of negligence. faith, the provisions of
articles 1171 and 2201,
c. Circumstances of the time. Example: Driving a car without headlights at night is gross paragraph 2, shall apply.
negligence but it does not constitute negligence when driving without headlights during the
day.
Article 1170 provides the four (4) ground for liability which may entitle the injured/aggravated party to damages:
3. DELAY (mora) – already discussed in Art. 1169
4. CONTRAVENTION OF THE TERMS/TENOR OF OBLIGATION – breach of contract.
Art. 1173. (2nd paragraph)
What are damages? How to measure it?. If the law or contract does
Damages – signify the money compensation awarded to a party for loss or injury resulting from breach of contract not state the diligence
or obligation by the other. As a rule, the purpose of awarding damages is to place the innocent party in the same (not which is to be observed in
better) position he would have occupied if the contract or obligation had been performed according to its terms. the performance, that which
is expected of a good father
KINDS OF DAMAGES (MENTAL) of a family shall be
MORAL – Include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings,
required.
moral shock, social humiliation and similar injury.
EXEMPLARY OR CORRECTIVE – imposed by way of example or correction for the public good. It may be awarded if
the defendant acted in a wanton, fraudulent, reckless, oppressive or malevolent manner. (bad faith).
NOMINAL – Adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be
vindicated or recognized and not for the purpose of indemnifying the plaintiff for any loss suffered by him. Awarded in
every case where any property right has been invaded. (Damages awarded to vindicate a right)
TEMPERATE – More than nominal but less than actual. Awarded when some pecuniary loss have been suffered but its
amount cannot, from the nature of the case be proved with certainty. (Exact amount of damage cannot be ascertained)
ACTUAL OR COMPENSATORY – value of loss suffered but also include profits which the creditor failed to obtain.
Pecuniary loss must be duly proved.
LIQUIDATED – Damage predetermined beforehand.
FORTUITOUS EVENTS
– CONCEPTS, KINDS, & REQUISITES
Fortuitous event – any event which cannot be foreseen, or which, though foreseen, is inevitable. The essence
of a fortuitous event consists of being happening independent of the will of the debtor and which happening
makes the normal fulfillment of the obligation impossible.
The absence of any of the above requisites would prevent the obligor/debtor from being exempt from
liability. Meaning, if any of the above requisites will not be met, the debtor will still be liable to the
creditor for his obligation and damages, if any.
FORTUITOUS EVENTS – EFFECTS AND RULES
Will a debtor be responsible for loss or damage caused by fortuitous event?
Generally, a debtor will not be liable. In other words, his obligation is extinguished. This rule,
however, has exceptions (debtor still liable even for fortuitous event).
c. The obligation to deliver a specific thing arises from a crime. (Art. 1268)
Example: S stole the carabao of B. S has the obligation to return the carabao because it arises from a
crime. Even if the carabao dies or lost due to fortuitous event, S will still be liable for damages unless B is
in mora accipiendi.
FORTUITOUS EVENTS – EFFECTS AND RULES
d. The thing to be delivered is a generic thing. (Art. 1263)
Example: The loss/destruction of a generic thing like rice, corn, sugar, etc. doesn’t produce the
extinction of obligation because the debtor can still comply with his obligation by delivering
another thing of the same kind in accordance with the principle that “genus never perishes”
(Genus nunquam perit).
2. When declared by stipulation – Such stipulation is usually intended to better protect the interest of
the creditor and procure greater diligence on the part of the debtor to fulfill his obligation. But the
intention to make the debtor liable even in case of a fortuitous event should be clearly expressed. Art. 1174. Except in cases
expressly specified by the
3. When the nature of the obligation requires the assumption of risk – Here, risk of loss or damage law, or when it is otherwise
is an essential element in the obligation. declared by stipulation, or
when the nature of the
Example: B insured his house against fire for P100,000 with C, an insurance company. Later, the obligation requires the
house was destroyed by accidental fire. Although the cause of the loss is a fortuitous event, B assumption of risk, no person
may recover the amount due in the policy. shall be responsible for those
events which could not be
foreseen, or which though
In a contract of insurance, the insurer (C), in consideration of the premium paid by the insured foreseen, were inevitable.
(B), undertakes to indemnify the latter for the loss of the thing insured by reason of the peril insured
against even if the cause of the loss is fortuitous event.
SIMPLE LOAN OR CONTRACT OF MUTUUM
Simple loan or mutuum – a contract whereby the debtor delivers to another, money or other consumable thing,
upon the condition that the same amount of the same kind and quality shall be paid.
Usury – contracting for or receiving interest IN EXCESS of the amount allowed by law for the loan or use
off money, goods, chattels, or credits.
Disputable presumption –
The receipt of the principal (the main amount in a loan/debt) by the creditor, without reservation with
one which can be
respect to the interest, shall give rise to the presumption that said interest has been paid. (Art. 1176 1 st contradicted.
paragraph)
Example: D borrowed from C the amount of P10,000 with interest at 2% a month on January 1, 2020.
The principal amount is repayable on December 31 while the interest is payable monthly. If on
December 31, D pays C a total amount of P11,000, it is presumed that the payment will be applied first
to the interest (P10000 x 2% x 12 = P2,400) then there will be still a balance for the principal in the
amount of P1,400 (P11,000 – 2,400 = P8,600; P10,000 – 8,600 = P1,400). Therefore, presumption is
that the interest will be paid first or it precedes the principal payment.
SIMPLE LOAN OR CONTRACT OF MUTUUM
The receipt of a later installment of a debt without reservation as to prior installments, shall likewise
raise the presumption that such installments have been paid. (Art. 1176 2 nd paragraph)
Example: E is a lessee (the one who rents a long-term asset) in the apartment of R, paying P5,000 rental
a month. E began leasing on January 1. E failed to pay the rent for the months of January and February.
In March, E paid P5,000 and R issued a receipt for the payment is for the month of March. However,
such payment by E will be applied against his January rent first since it is still unpaid. Therefore,
presumption is that the prior installment debts will be paid first before the current installment debt if the
former (prior) are still unpaid.
Art. 1177. The creditors, after
Remedies available to creditors for the satisfaction of their claims. (Art. 1177) having pursued the property
In case the debtor does not comply with his obligation, the creditor may avail himself of the following in possession of the debtor to
remedies to satisfy his claim: satisfy their claims, may
Exact fulfillment (specific performance) with the right to damages; exercise all the rights and
Pursue the leviable (which can be taken from the debtor without prohibition from the law) bring all the actions of the
property of the debtor; latter for the same purpose,
After pursing the leviable property(ies), creditor may exercise all rights to collect from the save those which are inherent
in his person; they may also
debtor except those inherent or personal to the person of the debtor; and
impugn the acts which the
Ask the court to cancel the contracts which the debtor may have done to defraud the creditor.
debtor may have done to
(But this may be done only after the creditor uses the first 3 remedies and still recovers defraud them.
nothing)
Example: On the due date, D could not pay C his obligation amounting to P400,000. However, D owns
a car worth about P280,000 and X is indebted to D for P40,000. before the due date, D sold his land
worth P200,000 to Y.
Under the law, C has the following rights under the law:
C may bring an action for the collection of the amount of P400,000 with right to damages.
SIMPLE LOAN OR CONTRACT OF MUTUUM
If in spite of the 1st remedy, D still fails to pay, C can ask for the attachment of D’s car so that
the car may be sold and the proceeds from such sale be applied to the debt.
C may also ask the court to order X not to pay to D so that the payment be made to C.
C may ask the court to cancel the sale of land made by D to Y on the ground that the
transaction is fraudulent in case C cannot recover in any other manner specified above. (But
this may be done only by C after he uses the first 3 remedies and still recovers nothing).
Art. 1178. Subject to the
Transmissibility of rights laws, all rights acquired in
Generally, all rights acquired in virtue of an obligation are transmissible or assignable. Meaning, virtue of an obligation are
rights acquired in an obligation may be passed or transmitted to another person other than the primary transmissible, if there has
parties involved in an obligation. been no stipulation to the
contrary.
Exceptions (the following rights are not transmissible or assignable):
Those prohibited by law like those rights in a partnership, contract of agency and contract of
commodatum. (These contracts may be discussed thoroughly in other law areas)