Documentos de Académico
Documentos de Profesional
Documentos de Cultura
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nature of the obligation depending on the place of the Reason/justification of the article: found in the
performance of the obligation corresponding liability of the creditor for any loss that
is occasioned to the property, since he bears the
Reason behind Art.1163: the obligation to deliver a same from the moment of the perfection of the
thing would be illusory if the debtor were not also obliged contract.
to preserve it. (Tolentino)
Effect of breach: Debtor who fails to exercise the Distinctions between personal and real rights
diligence of a good father of a family in preserving the Personal Right Real Right
thing can be held liable for damages. (Tolentino) power belonging to one - power belonging to a
person to demand of person over a specific
* Note: Art. 1163 can be read in conjunction with Art. 1173. another, as a definite thing, without a passive
passive subject, the subject individually
Art. 1164. The creditor has a right to the fruits of the fulfillment of a determined, against whom
thing from the time the obligation to deliver it arises. prestation to give, to do, such right may be
However, he shall acquire no real right over it until or not to do (Tolentino) personally exercised
the same has been delivered to him. (1095) jus ad rem right - jus in re right
enforceable only enforceable against the
General rule: The creditor or obligee, in an against a definite whole world (e.g. right of
obligation to deliver a determinate thing, is entitled to person or group of ownership, possession,
the fruits from the time the obligation to deliver persons usufruct, or easement)
arises.
Note:
*When does the obligation to deliver the thing Before delivery, the creditor, in obligations to give,
and the fruits arise? has merely a personal right against the debtor a
Obligations arising from Obligations arising from right to ask for delivery of the thing and the fruits
law, quasi-contracts, contracts
thereof; ownership does not pass to the creditor
criminal offenses, quasi- Once the things and fruits delivered, the creditor
delicts
acquires real right over such which is enforceable
From the time - General rule: from the against the whole world the creditor only acquires
designated by the moment of the perfection the right of ownership over the thing and the fruits
provisions of the Civil of contract (basis: once they are delivered to him.
Code or of special laws Art.15371)
creating or regulating Art. 1165. When what is to be delivered is a
them determinate thing, the creditor, in addition to the
right granted him by Article 1170, may compel the
Exceptions to the general rule: debtor to make the delivery.
1. In case there is a contrary stipulation of the
parties with respect to the time when the thing or If the thing is indeterminate or generic, he may ask
fruits shall be delivered. that the obligation be complied with at the expense
2. If the obligation is subject to a suspensive of the debtor.
condition obligation to deliver the thing as well
as the fruits shall arise only from the moment of If the obligor delays, or has promised to deliver the
the fulfillment of the obligation; otherwise stated, same thing to two or more persons who do not have
from the moment the condition happens the same interest, he shall be responsible for any
(Art.1187) fortuitous event until he has effected the delivery.
suspensive condition the happening or
fulfillment of the condition results in the birth of Rights of the creditor in determinate obligations:
the obligation 1. To compel specific performance
3. If the obligation is subject to a suspensive term Such action when the debtor does not comply
or period obligation to deliver arises only with what he has promised and the creditor
upon the expiration of the designated term or demands that he fulfill the same
period
The debtor may be compelled to make the
delivery of the very thing agreed upon
Complemented by Art. 1244 par.1 which states
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Art.1537: The vendor is bound to deliver the thing sold and its that the debtor of a thing cannot compel the
accessions and accessories in the condition in which they were upon creditor to receive a different one, although
the perfection of the contract.
the latter may be of the same value as, or more
All the fruits shall pertain to the vendee from the day on
which the contract was perfected. valuable than that which is due.
2
Implies that its basis is a contractual relation
between plaintiff and defendant (Tolentino) Rights of the creditor in generic obligations:
2. To recover damages for breach of the obligation 1. To ask for performance of the obligation
the delivery of a thing belonging to the species
stipulated will be sufficient and hence, it is not
absolutely necessary for the debtor to make the
delivery himself, since the delivery of anything of
the same species will fulfill the obligation. It may
be performed by another, but at the expense of
the debtor. (substitute performance)
Creditor can only ask for the delivery of a thing
or object belonging to the class or genus
stipulated which must be neither of superior nor
inferior quality (Art.1246)
2. To ask that the obligation to be complied with at the
expense of the debtor
The creditor may ask a third person to perform
the obligation and all expenses incurred shall be
charged against him
3. To recover damages for breach of the obligation
Note:
*Before the thing to be delivered is separated from
others of the same kind (and therefore the obligation
becomes specific), no accessory obligations arise since
the thing has not yet been made determinate; but once
the determination occurs the rules applicable to specific
obligations will immediately follow. (Caguioa)
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iii. Even if the thing is determinate, 3. To deliver all accessions and accessories of the
and the loss occurs by fortuitous event and as a thing even though they may not have been
general rule the creditor should bear the loss, still, mentioned.
in those cases where the debtor is in mora, or 4. To be liable for damages in case of breach of the
whose he has promised to deliver the same thing obligation by reason of delay, fraud, negligence
to two or more persons who do not have the same or contravention of the tenor thereof.
interest, which is equivalent to fraud since there is
present the deliberate intent not to deliver to one Obligations of debtor in generic obligations:
of the two, the law, by way of punishment, shifts 1. To deliver a thing which is neither of superior nor
the burden of loss to the debtor. (Caguioa) inferior quality. (Art. 1246)
2. To be liable for damages in case of breach of the
obligation by reason of delay, fraud, negligence
or contravention of the tenor thereof.
Art. 1166. The obligation to give a determinate thing Deducible from Art. 1263 which states that in an
includes that of delivering all its accessions and obligation to deliver a generic thing, the loss or
accessories, even though they ma y not have been destruction of anything of the same class or genus
mentioned. (1097a) as that which constitutes the object thereof shall
not extinguish the obligation (the genus of a thing
Accessionsthose things incorporated or can never perish)
attached to the principal either naturally or
artificially (e.g., alluvion, buildings, constructions, Dation in payment property is alienated to the creditor
etc.) in satisfaction of a debt in money
Accessoriesthose things which although not can be considered as that exception where
incorporated to the principal are added to the an obligor gives something in exchange of
same for its completeness, use, perfection or the specific thing to be given, with the
embellishment (e.g., keys to a house, tools of a consent of the obligee
car, etc)
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*if very personal - when the qualifications of the Effects of breach
debtor are involved; the debtor is the only one that must 1. In positive personal obligations to do, if the
perform it obligor fails to do that which he has obligated
*if not personal performance by an agent is himself to do, the obligee can have the
permitted (substitute performance) obligation performed or executed at the expense
of the former. (Art. 1167, par.2)
2. In case the debtor should have performed the
act agreed upon in contravention of the
agreement, or in a manner that is improper or
inappropriate, the same thing shall be ordered
undone and performed by another at the
expense of the debtor should he refuse to do it
all over again.
3. Obligee can also demand for damages by
reason of the breach. (Art. 1170)
Obligation not to do
- Negative personal obligations the object of the
obligation is realized or fulfilled so long as that
which is forbidden is not done by the obligor
(Jurado)
- those obligations whose object is the abstention
of the debtor from whatever act which otherwise
he could perform (Caguioa)
- This type of obligation carries with it no
accessory obligation and by its nature is purely
personal to the debtor and consequently, he
himself must abstain or refrain from performing
the conditions prohibited and cannot delegate the
same to an agent, except when there is consent
from the creditor.
- Delay or mora is NOT possible unlike in
positive obligations; obligation is either fulfilled or
not (Jurado)
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- causes of non-fulfillment affect the very essence of
Effects of breach: the obligation thereby rendering it impossible of
1. In case the debtor breaches the obligation, the performance
same shall be ordered undone at his expense. 2. defects in non-fulfillment
(Art.1168) - those which, without fundamentally affecting the
2. In those cases where it is not possible to undo tie of law nor rendering the performance thereof
the act done either physically or legally, or impossible presupposes a defective or an inexact
because the rights of third persons are involved, performance of what was agreed upon
or for some other reason, the only feasible - example: mora or delay non-fulfillment in point
remedy on the part of the creditor is an of time
indemnification for the damage caused.
(Art.1170) OR (other classification of non-fulfillment according to
Caguioa)
1. total non-fulfillment no performance
Art. 1169. Those obliged to deliver or to do whatsoever
something incur in delay from the time the obligee 2. partial non-fulfillment when there is partial
judicially or extra-judicially demands from them the performance or irregular non-fulfillment when there is
fulfillment of their obligation. irregular non-performance.
- non-fulfillment occurs either at the very moment of
However, the demand by the creditor shall not be the demand (ordinary breach) or before the maturity
necessary in order that delay may exist: of the obligation (anticipatory breach).
(1) When the obligation or the law expressly so
declare; or 2 kinds of Breach of Obligations: (Jurado)
(2) When from the nature and the circumstances of 1. Voluntary if the debtor or obligor in the
the obligation it appears that the designation of the performance of his obligation is guilty of default,
time when the thing is to be delivered or the service fraud, negligence, or in any manner contravenes
is to be rendered was a controlling motive for the the tenor thereof; debtor is liable for damages
establishment of the contract; or Voluntary breach through default or mora
(Art.1169)
(3) When demand would be useless, as when the Voluntary breach through fraud or dolo
obligor has rendered it beyond his power to perform. (Art. 1171)
In reciprocal obligations, neither party incurs in
Voluntary breach through negligence or
delay if the other does not comply or is not ready to culpa (Art. 1172)
comply in a proper manner with what is incumbent Voluntary breach through contravention
upon him. From the moment one of the parties of tenor of the agreement (Art. 1170)
fulfills his obligation, delay by the other begins. 2. Involuntary if the non-fulfillment is brought
(1100a) about by circumstances foreign to the will of the
debtor (Caguioa); otherwise put, if the debtor is
unable to comply with his obligation because of
Fulfillment of the obligation some fortuitous event; debtor is NOT liable for
Performance of the obligation or payment, damages (Art. 1174)
juridically speaking, presupposes the exact and
complete execution of the prestation on the
part of the debtor. (Caguioa) Default or Mora (1st kind of voluntarily breaching
Traditionally, performance or fulfillment of the obligation, a defect and partial non-fulfillment of
obligation has been expressed in the term obligation)
payment or solutio, which expression has covers all non-fulfillment in point of time in its
also the concept of extinction of the juridical broadest sense; juridically, however, it pertains only to
relation. culpable delay where fulfillment or compliance with the
The Civil Code regulates fulfillment or payment obligation, although late, is still possible2 (Caguioa)
among the models of extinguishing obligations signifies the idea of delay in the fulfillment of an
obligation with respect to time (Jurado)
Non-fulfillment/Breach of obligation: delay in the fulfillment of obligations; it is non-
fulfillment with respect to time (Tolentino)
Manner of non-fulfillment (Caguioa)
2
1. non-fulfillment properly speaking Rationale: since if as a consequence of the delay the
possibility of the performance disappears, there is no more
mora or delay but total non-fulfillment properly speaking
(Caguioa)
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Classification of Mora:
Note: There can be delay ONLY in positive obligations (to do 1. Mora solvendi delay on the part of the debtor
and to give); but there can be NO delay in negative obligations a.mora solvendi ex re
- when demand by the creditor is not necessary to
make the debtor in mora (Caguioa)
- refers to obligations to give
b.mora solvendi ex persona
- if demand by the creditor is necessary in order to
make the debtor in mora (Caguioa)
- refers to obligations to do
2. Mora accipiendi delay on the part of the
creditor to accept the delivery of the thing which
is the object of the obligation (Jurado); generally,
delay on the part of the creditor
3. Compensatio morae delay of the parties or
obligors in reciprocal obligations; where mora of
the creditor neutralizes the mora of the debtor
(Caguioa)
Mora solvendi
the delay, contrary to law, in the fulfillment of the
prestation by reason of a cause imputable to the former
(Tolentino)
presupposes a prestation that is due and demandable
requisites: (Caguioa)4
o Obligation consists of a positive prestation (to do
or to give)
o Obligation should be demandable 5, due6,
determined or liquidated7
o Debtor delays in the performance due to causes
imputable to him
o Creditor should demand performance of the
debtor
When does the obligor incur in delay?
The obligor or debtor incurs in delay from the time the
obligee or creditor demands from him the fulfillment of
the obligation; the demand may be judicial or
extrajudicial
3
Caguioa and Tolentino specified the requisites according to the kind
of mora
4
Tolentino version: 3 requisites in order that the debtor may be in
default:
1. that the obligation be demandable and already liquidated
2. that the debtor delays performance
3. that the creditor requires the performance judicially or
extrajudicially
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There is NO mora in natural obligations
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Either because the obligation is pure or because the term has lapsed
or the condition has been fulfilled
7
Amount is ascertained
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o judicial: if the creditor files a complaint against 2. when from the nature and the circumstances of
the debtor for the fulfillment of the obligation the obligation it appears that the designation of
o extrajudicial: if the creditor demands from the the time when the thing is to be delivered or the
debtor the fulfillment of the obligation either service is to be rendered was a controlling
orally or in writing (Jurado); sending of a bill or motive for the establishment of the contract
demand letter (Caguioa) basis: the time element for the fulfillment of the
Notes: obligation is of the essence of the contract
A mere reminder or any act which cannot be examples: (1) where a building was to be
qualified as a demand for payment will not be completed on a certain date because it was to be
considered a demand since the code requires opened as a school on a fixed date; (2) where goods
that the tolerance and benevolence of the were to be delivered on a specified date because
creditor has terminated (Castan as cited in they were to be loaded on a boat leaving on such
Caguioa) date
The proof of the demand will be incumbent
upon the creditor (Tolentino) Note: It is essential that the debtor has knowledge of
Demand is generally necessary even if a the fixing of the date of performance as a controlling
periof has been fixed in the obligation motive on the part of the creditor in order that it can
(Tolentino) be said that the debtor has tacitly consented to incur
Where there has been an extrajudicial in delay without the necessity of a demand.
demand before action for performance was (Tolentino)
filed, the effects of default arise from the date
of such extrajudicial demand. But where the 3. when demand would be useless, as when the
evidence does not disclose any particular date obligor has rendered it beyond his power to
on which the creditor made extrajudicial perform
demand upon the debtor, the payment of where performance has become impossible either
interest or damages for the default must through (1) some act or fault of the debtor or (2) as
commence from the filing of the complaint. that caused by fortuitous event but the debtor has
(Tolentino) bound himself to be liable in cases of such events.
The demand must refer to the prestation that
*Note: 4th instance when demand is not necessary
is due and not to another (Tolentino)
according to some authors (acknowledged by
Tolentino) when the debtor expressly recognizes
When demand is NOT necessary
or acknowledges that he has incurred in delay.
1. when the obligation or the law expressly so
There must, however, be an express recognition of
declares
the default and not merely requests for extension to
the obligation or the law itself must expressly
time to perform.
declare that the demand is not necessary in order
that the debtor shall incur in delay
Effects of mora solvendi:
example: in the obligation it is stipulated that, D
1. to indemnify the creditor for damages which his
shall incur in delay if he does not pay the obligation
delay has occasioned in obligations to give and
upon the arrival of the designated date for payment.
to do (Caguioa)
2. to answer for the loss or deterioration of the
*Notes:
thing due even if caused by fortuitous event
In case of doubt, the doubt should be resolved in
(Caguioa)
favor of the debtor, because dispensing with
3. When it has for its object a determinate thing,
demand is an exception to a general rule; unless
the delay places the risks of the thing on the
the exception is clearly proved, the general rule
debtor (Tolentino)
must apply. (Tolentino)
According to Art.1788 of the Civil Code, where
one of the partners who has undertaken to
Mora accipiendi
contribute a sum of money to the common fund
constitutes non-acceptance without reason (Caguioa)
at a specified date fails to do so, he becomes a
delay in the performance based on the omission by
debtor of the partnership not only for the amount
the creditor of the necessary cooperation, especially
which he has promised to contribute but also for
acceptance on his part (Tolentino)
the interest and damages from the time he
requisites: (Caguioa)8
should have complied with his obligation
(Jurado)
8
Tolentino version: 3 requisites in order that there be delay on the part
of the creditor:
1. an offer of performance by the debtor who has the required
capacity
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o That there exists an obligation which has invested with power to determine the contract
already matured and for whose fulfillment an act because of failure on the part of the other to carry
of cooperation on the part of the creditor is out the agreement. (Tolentino)
required
o That the debtor has performed al that is How is demand made in reciprocal
incumbent upon him under the obligation and obligations?
made tender of payment to the creditor Demand is made in only one way and that is by
o That the creditor refused to accept payment or actual performance or tender of performance of the
to cooperate in the fulfillment of the obligation obligation of the party claiming delay or default by
without any justifiable reason the other. (Caguioa)
Art. 1175. Usurious transactions shall be governed Estoppel (Art. 1431, Civil Code) a condition or state
by special laws. (n) by virtue of which an admission or representation is
rendered conclusive upon the person making it and
Usury contracting for or receiving something in cannot be denied or disproved as against the person
excess of the amount allowed by law for the loan or relying thereon.23
forbearance of money, goods or chattels; the taking of
more interest for the use of money, goods or chattels or
credit than the law allows.
Art. 1177. The creditors, after having pursued the
property in possession of the debtor to satisfy their
The special laws referred to are the Usury Law claims, may exercise all the rights and bring all the
actions of the latter for the same purpose, save
(Act. No. 2655) and the different laws amending it.
those which are inherent in his person; they may
Usury Law provided for a legal rate interest of 6%
also impugn the acts which the debtor may have
per annum and a contractual rate not exceeding
done to defraud them. (1111)
12% per annum if the loan is secured by a duly
registered real estate, and 14% if not so secured.
Usury Law was repealed during the martial law
2 distinct aspects/elements of an obligation:
period, leaving parties free to stipulate higher
(Caguioa)
rates.
Debtor
There is now no longer any ceiling in interest rates
on loans pursuant to Central Bank Circular No. Guaranty/responsibility duty of the debtor to
224 issued last Dec.1, 1982. answer for his obligation with his entire patrimony
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Action to declare absolute simulation of transfer
a remedy available on the part of the creditor
against the debtor who, knowing that he cannot pay
his debt, or not wishing to pay his debt and not
wishing his property to answer for the debt, will
simulate a fictitious transfer to a third person in order
to have the property beyond the reach of the
creditors.
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