Beruflich Dokumente
Kultur Dokumente
It deals with civil liability for damages arising from crimes or delicts.
1. Every person criminally liable for an act or omission is civilly
liable for the damages it caused.
Distinctions Between Crimes and Quasi-Delicts Fact: A binds himself to deliver a specific horse to B on
Distinctions Crimes Quasi-Delicts August 30.
1. Intentions criminal or malicious Discussion: A has the duty to take care the horse with the
intent, criminal negligence only diligence of a good father (ordinary care) like feeding it
negligence regularly, keeping it in a safe place, etc. until it will be
2. Consequences indemnification of delivered. But if the failure of A to take care of the horse with
punishment
the offended party the diligence of a good father and it causes the horse to die
3. Concerns public interest private interest or lost, he shall then be liable to B for damages.
4. Liabilities criminal and civil civil only d. Reason for debtors obligation the debtor must exercise
5. Settlement cannot be can be diligence to insure that the thing to be delivered would
compromised or compromised or subsist in the same condition as it was when the obligation
settled by the parties settled by the
was contracted. Without the accessory duty to take care of
themselves parties themselves
the thing, the debtor would be able to afford being negligent
6. Guilt must be proved proved by
beyond reasonable preponderance of and he would not be liable even if the property is lost or
doubt evidence destroyed, thus making the obligation to give illusory.
2. Deliver the fruits of the thing (see Article 1164)
3. Deliver the accessions and accessories (see Article 1166)
4. Deliver the thing itself (already discussed)
Article 1163 5. Answer for damages in case of non-fulfillment or breach (see
Every person obliged to give something is also obliged to take care Article 1170)
of it with the proper diligence of a good father of a family, unless the law or Duties of a Debtor in Obligation to Deliver Generic Thing
the stipulation of the parties requires another standard of care. (1094a) 1. To deliver the thing which is of the quality intended by the parties
taking into consideration the purpose of the obligation and other
It means that the diligence of a good father of a family is the circumstances.
diligence required on this article and if extraordinary diligence is 2. To be liable for damages in case of fraud, negligence, delay, or
required, then the obligor shall exercise extraordinary diligence. contravention of the tenor thereof.
Determinate Thing designated or physically segregated others of
the same class; specific things.
Generic or Indeterminate Thing it refers only to a class or genus to Article 1164
which it pertains and cannot be pointed out with particularity. 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
Duties of Debtor in Obligation to Give a Determinate Thing:
until the same has been delivered to him. (1095)
1. Preserve the Thing
a. Diligence of a Good Father of a Family ordinary care or
diligence which an average (a reasonably prudent) person Kinds of Fruits
exercises over his own property. 1. Natural Fruits products from soil and other products of animals.
b. Another standard of care if the law or the stipulation of the e.g. grass, all trees and plants on lands produced without the
parties provides for another standard of care (slight or intervention of human labor.
extraordinary diligence), said law or stipulation must prevail. 2. Industrial Fruits products produced by cultivation of land or by
c. Factors to be considered the debtor is not liable if his labor.
failure to preserve the thing is not due to his fault or e.g. sugar cane, vegetables, rice, and all products if lands
negligence but to fortuitous events or force majeure. brought by reason of labor.
Example: 3. Civil Fruits derived by virtue of a juridical relation.
e.g. rent of buildings, price of leases of lands and other property Ownership Acquired by Delivery he shall acquire no real right over
and the amount of perpetual or life annuities or other similar it until the same has been delivered to him
income. Example:
Right of Creditor to the Fruits the creditor is entitled to the fruits of Fact: A is obliged to give B on August 25 a particular horse.
the thing to be delivered from the time the obligation to make delivery Discussion: Before August 25, B has no real rights to the horse. B
arises. will acquire a personal right against S to fulfill his obligation only from
Debtors Obligation to Deliver Arises when: August 25, as according to Article 1164.
1. The obligation to deliver the thing due, and the fruits, if any, Issue: What will happen if A sold the same horse to C on August 20,
arises from the perfection (birth) of the contract. whom C acted in good faith?
2. If the obligation is subject to a suspensive condition or period, it Held: C will acquire ownership to the horse, and A will be liable to B
arises upon the fulfillment of the condition or arrival of the term. for the damages, according to article 1164.
3. In a contract of sale, the obligation arises from the perfection of
the contract even if the obligation is subject to suspensive
condition or a suspensive period where the price has been paid. Article 1165
4. In obligations to give arising from the law, quasi-contracts, When what is to be delivered is a determinate thing, the creditor, in
delicts, and quasi-delicts, the time of performance is determined addition to the right granted him by Article 1170, may compel the debtor to
by the specific provisions of the law applicable. make the delivery.
Example: If the thing is indeterminate or generic, he may ask that the obligation
Fact: A sold his horse to B for 20,000. No date or condition was be complied with at the expense of the debtor.
stipulated for the delivery of the horse. While still in the If the obligor delays, or has promised to deliver the same thing to two
possession of A, the horse gave birth to a colt. or more persons who do not have the same interest, he shall be responsible
Issue: Who has the right to the colt? for any fortuitous event until he has effected the delivery. (1096)
Verdict: According to Article 1164, B has the right to be entitled
of the colt because in the contract of sale, all fruits from the day Remedies of a creditor in real obligation
of perfection of the contract shall pertain to the vendee (buyer). 1. In specific real obligation
Personal Rights the right or power of a person (creditor) to demand a. Demand specific performance or fulfillment (if still possible)
from another (debtor), as a definite passive subject, the fulfillment of of the obligation with a right to indemnity for damages.
the latters obligation to give, to do, or not to do; has a definite active b. Demand rescission or cancellation (in certain cases) of the
and passive subject; binding or enforceable only against a particular obligation also with the right to recover damages.
person. c. Demand payment of damages only, where it is only feasible
Real Rights is the right or interest of a person over a specific thing remedy.
(e.g. ownership, possession, mortgage) without a definite passive Example:
subject against whom the right may be personally enforced; has only Fact: A sells his piano to B.
definite active subject; directed againts the world Issue: A refuses to comply with his obligation to deliver the piano
Example: to B.
Fact: A is the owner of a parcel of land under a torrens title Held: B can bring the action of fulfillment or rescission of the
registered in the Registry of Property. obligation with the payment of damages in either case. In case of
Discussion: The ownership of A is a real right directed against rescission, the parties must return to each other what they have
everybody and there is no definite passive subject. received.
Issue: (1) What will happen if the land is claimed by B who takes 2. In generic real obligation
possession? a. The creditor may ask that the obligation be complied by a
Held: According to Article 1164, A has the personal rights to recover third person with at the expense of the debtor.
from B, as a definite passive subject, the property. Example:
Fact: A obliges himself to deliver to B 100 sacks of rice on 3. The debtor performs an obligation to do but in poor manner
September 4 for 50,000. Remedies of creditor in positive personal obligation
Issue: If A does not comply with his obligation, what will B do? 1. If the debtor fails to comply
Held: B may buy rice from c, a third person. If B paid C for a. To have the obligation to be performed by the debtor, or by
55,000, B will recover 50,000 plus 5,000 from A. another, unless personal considerations are involved, at the
3. Where debtor delays or has promised delivery to separate debtors expense.
creditors b. To recover damages (refer Article 1170).
a. Debtor does not exempt to his responsibility to deliver a 2. In case the obligation is done in contravention of the terms of the
determinate thing. same or is poorly done, it may be ordered (by the court upon
b. Debtor is responsible for fortuitous event until he has complaint) that it be undone if it still possible to undo what was
effected the delivery. done.
Example:
Facts: (1) A binds himself to construct to a house of B. Among other
Article 1166 things, it was stipulated that the house shall have three bedrooms,
The obligation to give a determinate thing includes that of delivering each of an area of five meters by four meters and that the kitchen
all its accessions and accessories, even though they may not have been shall be painted in all white.
mentioned. (1097a) (2) A contracted B to sing in a night club.
Issues: (1.1) A did not construct the house of B.
Accessions are the fruits of a thing or additions to or improvements (1.2) A constructed the house but the size of the bedroom is
upon a thing not five meters by four meters or the kitchen is not painted in
e.g. house or trees on a land, rents of a building, air-conditioner in a all white.
car, profits or dividends accruing from the shares of stock (1.3) The kitchen is painted white but the painting is poorly
Accessories are things joined to or included with the principal thing done.
for the latters embellishment, better use, or completion. (2.1) B fails to comply with his obligation.
e.g. key of a house, frame of a picture, bracelet of a watch, Held: (1.1) B may ask C to construct the house at the expense of A.
machinery in a factory, bow of a violin (1.2) B may ask A to have it done according to the
Although the delivery of determinate thing include all its accessions specifications. If A refuses, the obligation may be performed by
and accessories, the parties may stipulate that certain accessions or C at the expense of A.
accessories may not be included in the delivery. Both parties have (1.3) B may ask A that it be undone. If A refuses, B may ask C
the freedom to stipulate such things. to paint the kitchen at the expense of A.
(2.1) B is in indemnification for damages to A because the
performance of the obligation of B by a third person is
Article 1167 contravene to the contract between A and B.
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 Article 1168
tenor of the obligation. Furthermore, it may be decreed that what has been When the obligation consists in not doing, and the obligor does what
poorly done be undone. (1098) has been forbidden him, it shall also be undone at his expense. (1099a)
Article 1170
Those who in the performance of their obligations are guilty of fraud,
negligence, or delay, and those who in any manner contravene the tenor
thereof, are liable for damages. (1101)
1159 cases involving obligations arising from contracts (and good faith
1163 cases involving the delivery of determinate thing with the diligence of
a good father (ordinary care or extraordinary care