Baderosa, Jenaline D.

ACTCY21S2

Enumerate the obligation/duties of persons obliged to deliver determinate/specific thing. Give example for each.
1. To preserve the thing. (Article 1163)
Example: Mona binds herself to give her customized bag to Sally on January 30, 2020.
Prior to the date of delivery, Mona has the additional or accessory duty to take care of the bag by placing it in a dust bag and storing it in
a shelf. If the bag was ruined due to Mona’s failure to exercise proper diligence, she will be liable for damages to Sally. In addition, if the
bag is lost or ruined due to fortuitous event like for example the house of Mona has been flooded, she will not be liable for it.
2. To deliver fruits of the thing (Article 1164)
Example: Jacob sold his shih tzu dog named Choco to Joshua amounting to P5,000 and to be delivered at a certain date. Choco gave birth to
three puppies namely Chacha, Cheche, and Chuchu. Upon Joshua’s demand to deliver the dog, Jacob is obliged to deliver Choco together
with its puppies.
3. To deliver the accessions and accessories (Article 1166)
Example: Jacob sold a Kawasaki motor with a plate number of FX691V. He handed to Joshua the key (accessory) and side car of motor
(accessions).
4. To deliver the thing itself (Article1163)
Example: Amanda sold her Rolex 2210 made in China with a serial number 265947 to Lucy for P10,000,000. On the day Lucy demanded for
the watch, Amanda must give it as to same state Lucy saw it when she paid for it.
5. To answer for damages in case of non-fulfilment breach (Article 1170)
Example: Lucy demanded for the rescission of the sale of the Rolex 2210 and ask for damages for it is already malfunctioning upon delivery
of the thing.

What are the grounds for liability to pay for damages?

Enumerate and explain each.
1. Fraud (Deceit or Dolo)
- It is the deliberate or intentional evasion by the debtor of the normal compliance of his obligation. It actually refers to the fraud committed
by the debtor at the time of the performance.
- For example:
 Gina bought a bracelet from Sally who told her that it is pure diamond. However Sally knew already that it is fake and just an
ordinary glass. Gina gave her consent because of the fraud employed by Sally, so the contract of sale is voidable. (Causal Fraud)
 Bobby ordered 5 bags of flour from Steph who agreed to deliver within 2 days. On due date he delivered 5 bags of flour mixed with
chalk powder. So in this case Bobby is entitled to recover damages because still it does not affect the validity of the contract.
(Incidental Fraud)

2. Negligence (Fault or Culpa)

- It is the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the person,
time, and place.
- If they fail to observe proper care and preventive measures that the situation/ thing justly demands, he or she shall be held liable.
- For example:
 A baby sitter who fell asleep will she is taking care of Faith’s baby and any bad circumstances happen to that baby she will be held
liable for negligence.

3. Delay (or Mora)

- It is the non- fulfillment of an obligation with respect to time.
- As a general rule, “No demand, delay” which means the debtor incurs delay from the time the creditor demands the fulfillment of the
obligation.
- For example:
 Felix fails to pay on time for the weekly installment (June 7, 14, 21 and 28, 2020) of his debt to Helga.

a. Mora solvendi- delay on the part of the debtor and he shall liable for damages caused.
 b. Mora accipiendi- delay on the part of the creditor and he shall bear the risk of loss and shoulder the expenses for the preservation of the
thing.
c. Compensatio morae- delay on the part of both parties

4. Contravention of the terms of the obligation

- It is the violation of terms and conditions stipulated in the obligation. It should not be due to fortuitous event.