𝗟𝗔𝗪 1 𝗥𝗘𝗩𝗜𝗘𝗪𝗘𝗥

𝗟𝗔𝗪:
In its widest and most comprehensive sense the term law means any rule of action or any system
of uniformity, thus law in general determines not only the activities of men as a rational being but
also the movements or motions of all objects of creation whether it is animated or in animated.

𝗚𝗘𝗡𝗘𝗥𝗔𝗟 𝗗𝗜𝗩𝗜𝗦𝗜𝗢𝗡𝗦 𝗢𝗙 𝗟𝗔𝗪:

1. 𝘓𝘈𝘞 (𝘐𝘕 𝘛𝘏𝘌 𝘚𝘛𝘙𝘐𝘊𝘛 𝘓𝘌𝘎𝘈𝘓 𝘚𝘌𝘕𝘚𝘌)- promulgated and enforced by the

2. 𝘓𝘈𝘞 (𝘐𝘕 𝘛𝘏𝘌 𝘕𝘖𝘕 𝘓𝘌𝘎𝘈𝘓 𝘚𝘌𝘕𝘚𝘌)- not promulgated and enforced by law.
state. •State Law

Divine Law (religious and faith)

Natural Law (conscience and fairness)
Moral Law (right or wrong)
Physical Law (science)
𝗦𝗧𝗔𝗧𝗘 𝗟𝗔𝗪:
The law that is promulgated and enforced by the state, also called as 𝘱𝘰𝘴𝘪𝘵𝘪𝘷𝘦 𝘭𝘢𝘸,
𝘮𝘶𝘯𝘪𝘤𝘪𝘱𝘢𝘭 𝘭𝘢𝘸, 𝘤𝘪𝘷𝘪𝘭 𝘭𝘢𝘸 𝘢𝘯𝘥 𝘪𝘮𝘱𝘦𝘳𝘢𝘵𝘪𝘷𝘦 𝘭𝘢𝘸.
It is the law we refer when we speak of law in connection with obligation and contracts.

2 𝗖𝗢𝗡𝗖𝗘𝗣𝗦𝗧 𝗢𝗙 𝗦𝗧𝗔𝗧𝗘 𝗟𝗔𝗪

1. GENERAL OR ABSTRACT SENSE
All the laws are taken together.
"The mass of obligatory rules established for the purpose of governing the relations of

Example are 𝘓𝘈𝘞 𝘖𝘍 𝘛𝘏𝘌 𝘓𝘈𝘕𝘋, 𝘙𝘜𝘓𝘌 𝘖𝘍 𝘓𝘈𝘞 𝘈𝘕𝘋 𝘕𝘖𝘛 𝘖𝘍 𝘔𝘌𝘕,
the persons in society."

𝘌𝘘𝘜𝘈𝘓𝘐𝘛𝘠 𝘉𝘌𝘍𝘖𝘙𝘌 𝘛𝘏𝘌 𝘓𝘈𝘞, 𝘌𝘕𝘍𝘖𝘙𝘊𝘌𝘔𝘌𝘕𝘛 𝘖𝘍 𝘛𝘏𝘌 𝘓𝘈𝘞.

2. SPECIFIC OR THE MATERIAL SENSE
"Rule of conduct, just obligatory promulgated by the legitimate authority and of

example is 𝘚𝘛𝘈𝘛𝘜𝘛𝘌 𝘖𝘙 𝘓𝘌𝘎𝘈𝘓 𝘓𝘈𝘞.

common observance and benefit.

𝗖𝗛𝗔𝗥𝗔𝗖𝗧𝗘𝗥𝗜𝗦𝗧𝗜𝗖𝗦 𝗢𝗙 𝗟𝗔𝗪 (SPECIFIC SENCE)

1. 𝘙𝘜𝘓𝘌 𝘖𝘍 𝘊𝘖𝘕𝘋𝘜𝘊𝘛- tells us what shall be done and what should not be done.
2. 𝘖𝘉𝘓𝘐𝘎𝘈𝘛𝘖𝘙𝘠- positive command imposing a duty to obey.
3. 𝘗𝘙𝘖𝘔𝘜𝘓𝘎𝘈𝘛𝘌𝘋 𝘉𝘠 𝘓𝘌𝘎𝘐𝘛𝘐𝘔𝘈𝘛𝘌 𝘈𝘜𝘛𝘏𝘖𝘙𝘐𝘛𝘠- legitimate and competent
authority. 𝘊𝘰𝘯𝘨𝘳𝘦𝘴𝘴 is a 𝘓𝘦𝘨𝘪𝘴𝘭𝘢𝘵𝘪𝘷𝘦 𝘣𝘳𝘢𝘯𝘤𝘩 of our government.
4. 𝘊𝘖𝘔𝘔𝘖𝘕 𝘖𝘉𝘚𝘌𝘙𝘝𝘈𝘕𝘊𝘌 𝘈𝘕𝘋 𝘉𝘌𝘕𝘌𝘍𝘐𝘛- intended to a man to serve man. It
regulates the man to maintain the harmony in society and to make order.
𝗦𝗢𝗨𝗥𝗖𝗘 𝗢𝗙 𝗟𝗔𝗪
1. 𝘾𝙊𝙉𝙎𝙏𝙄𝙏𝙐𝙏𝙄𝙊𝙉 (highest law of the land)
 "The written instrument by which the fundamental powers of the government are established,
limited and defined and by which these powers are distributed among several departments

𝗟𝗘𝗚𝗜𝗦𝗟𝗔𝗧𝗜𝗢𝗡 (ordinance)
(Legislative, Judiciary, Executive) for their safe and useful exercise."
2.

of law. Acts passed by the legislature are so-called "𝘦𝘯𝘢𝘤𝘵𝘦𝘥 𝘰𝘳 𝘴𝘵𝘢𝘵𝘶𝘵𝘦 𝘭𝘢𝘸"
consist of a declaration of legal rules by a competent authority. It is the preponderant source

𝗔𝗗𝗠𝗜𝗡𝗜𝗦𝗧𝗥𝗔𝗧𝗜𝗩𝗘 𝗢𝗥 𝗘𝗫𝗘𝗖𝗨𝗧𝗜𝗩𝗘 𝗢𝗥𝗗𝗘𝗥𝗦, 𝗥𝗘𝗚𝗨𝗟𝗔𝗧𝗜𝗢𝗡𝗦 𝗔𝗡𝗗

𝗥𝗨𝗟𝗜𝗡𝗚𝗦
3.

𝗝𝗨𝗗𝗜𝗖𝗜𝗔𝗟 𝗗𝗘𝗖𝗜𝗦𝗜𝗢𝗡𝗦 𝗢𝗥 𝗝𝗨𝗥𝗜𝗦𝗣𝗥𝗨𝗗𝗘𝗡𝗖𝗘

issued by administrative officials under legislative authority.
4.

point of law are binding on all subordinate courts called "𝘋𝘰𝘤𝘵𝘳𝘪𝘯𝘦 𝘰𝘧 𝘱𝘳𝘦𝘤𝘦𝘥𝘦𝘯𝘵 𝘰𝘳
the decisions of the court applying or interpreting the laws. Decisions of a superior court on a

𝘴𝘵𝘢𝘳𝘦 𝘥𝘦𝘤𝘪𝘴𝘪𝘴."
5. 𝗖𝗨𝗦𝗧𝗢𝗠
those are the habits and practices which through long and uninterrupted usage have become

𝗢𝗧𝗛𝗘𝗥 𝗦𝗢𝗨𝗥𝗖𝗘𝗦
acknowledged and approved by society.
6.
they are only supplementary, they are not binding on the courts.

𝗢𝗥𝗚𝗔𝗡𝗜𝗭𝗔𝗧𝗜𝗢𝗡 𝗢𝗙 𝗖𝗢𝗨𝗥𝗧𝗦
1. 𝙍𝙀𝙂𝙐𝙇𝘼𝙍 𝘾𝙊𝙐𝙍𝙏𝙎 - 𝘊𝘰𝘶𝘳𝘵 𝘰𝘧 𝘈𝘱𝘱𝘦𝘢𝘭𝘴, 𝘙𝘦𝘨𝘪𝘰𝘯𝘢𝘭 𝘛𝘳𝘪𝘢𝘭 𝘊𝘰𝘶𝘳𝘵𝘴,
𝘔𝘦𝘵𝘳𝘰𝘱𝘰𝘭𝘪𝘵𝘢𝘯 𝘛𝘳𝘪𝘢𝘭 𝘊𝘰𝘶𝘳𝘵𝘴.
2. 𝗦𝗣𝗘𝗖𝗜𝗔𝗟 𝗖𝗢𝗨𝗥𝗧𝗦 - 𝘚𝘢𝘯𝘥𝘪𝘨𝘢𝘯𝘣𝘢𝘺𝘢𝘯, 𝘊𝘰𝘶𝘳𝘵 𝘰𝘧 𝘛𝘢𝘹 𝘈𝘱𝘱𝘦𝘢𝘭𝘴, 𝘚𝘱𝘦𝘤𝘪𝘢𝘭
𝘛𝘢𝘹 𝘈𝘱𝘱𝘦𝘢𝘭𝘴.
3. 3.𝗤𝗨𝗔𝗦𝗜- 𝗝𝗨𝗗𝗜𝗖𝗜𝗔𝗟 𝗔𝗚𝗘𝗡𝗖𝗜𝗘𝗦 - 𝘕𝘢𝘵𝘪𝘰𝘯𝘢𝘭 𝘓𝘢𝘣𝘰𝘳 𝘙𝘦𝘭𝘢𝘵𝘪𝘰𝘯𝘴 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯,
𝘓𝘛𝘍𝘙𝘉, 𝘐𝘯𝘴𝘶𝘳𝘢𝘯𝘤𝘦 𝘊𝘰𝘮𝘮𝘪𝘴𝘪𝘰𝘯.
𝗖𝗟𝗔𝗦𝗦𝗜𝗙𝗜𝗖𝗔𝗧𝗜𝗢𝗡𝗦 𝗢𝗙 𝗟𝗔𝗪
1. 𝗔 𝗼 𝗶 𝗽 𝗿𝗽𝗼 𝗲:
a. 𝘚𝘶𝘣𝘴𝘵𝘢𝘯𝘵𝘪𝘷𝘦 𝘓𝘢𝘸- body of law creating and defining rights and duties.
b. 𝘈𝘥𝘫𝘦𝘤𝘵𝘪𝘷𝘦 𝘓𝘢𝘸- body of law prescribing the manner or procedure by which rights may
be enforced. Sometimes called 𝙧𝙚𝙢𝙚𝙙𝙞𝙖𝙡 𝙤𝙧 𝙥𝙧𝙤𝙘𝙚𝙙𝙪𝙧𝙖𝙡 𝙡𝙖𝙬.
2. 𝗔 𝗼 𝗶 𝗯𝗷𝗲𝗰 𝗺𝗮 𝗲𝗿:
a. 𝘗𝘶𝘣𝘭𝘪𝘤 𝘓𝘢𝘸- body of legal rules which regulates the rights and duties arising from the

𝙘𝙧𝙞𝙢𝙞𝙣𝙖𝙡 𝙡𝙖𝙬 (crimes and provides punishment)

relationship of the state and to the people. ex.

𝙞𝙣𝙩𝙚𝙧𝙣a𝙩𝙞𝙤𝙣𝙖𝙡 𝙡𝙖𝙬( governs the relations among states or nations)

𝙘𝙤𝙣𝙨𝙩𝙞𝙩𝙪𝙩𝙞𝙤𝙣𝙖𝙡 𝙡𝙖𝙬 (governs the relations between the state and its citizen)
𝙖𝙙𝙢𝙞𝙣𝙞𝙨𝙩𝙧𝙖𝙩𝙞𝙫𝙚 𝙡𝙖𝙬 (governs the methods by which the function of the

𝙘𝙧𝙞𝙢𝙞𝙣𝙖𝙡 𝙥𝙧𝙤𝙘𝙚𝙙𝙪𝙧𝙚 (governs the methods of trial and punishment in criminal

administrative authorities are to be performed.)

b. 𝘗𝘳𝘪𝘷𝘢𝘵𝘦 𝘓𝘢𝘸- body of rules which regulates the relations of individuals with one another
cases)

for purely private ends. (𝘪𝘯𝘥𝘪𝘷𝘪𝘥𝘶𝘢𝘭-𝘢𝘯𝘰𝘵𝘩𝘦𝘳 𝘱𝘦𝘳𝘴𝘰𝘯)

𝗟𝗔𝗪 𝗢𝗡 𝗢𝗕𝗟𝗜𝗚𝗔𝗧𝗜𝗢𝗡 𝗔𝗡𝗗 𝗖𝗢𝗡𝗧𝗥𝗔𝗖𝗧𝗦 - body of rules which deals with the nature and
source of obligation and rights and duties arising from agreements and particular contracts.
𝗔𝗥𝗧𝗜𝗖𝗟𝗘 1156: 𝗔𝗻 𝗼𝗯𝗹𝗶𝗴ation is a juridical necessity to give, to do, or not to do.
𝘑𝘶𝘳𝘪𝘥𝘪𝘤𝘢𝘭 𝘯𝘦𝘤𝘦𝘴𝘴𝘪𝘵𝘺 because in case of compliance, the courts of justice may be called

Obligation latin word "𝘖𝘣𝘭𝘪𝘨𝘢𝘵𝘪𝘰" means 𝘵𝘺𝘪𝘯𝘨 𝘰𝘳 𝘣𝘪𝘯𝘥𝘪𝘯𝘨.

upon by the aggrieved party to enforce its) fulfillment.

𝗘𝗦𝗦𝗘𝗡𝗧𝗜𝗔𝗟 𝗥𝗘𝗤𝗨𝗜𝗦𝗜𝗧𝗘𝗦 𝗢𝗙 𝗔𝗡 𝗢𝗕𝗟𝗜𝗚𝗔𝗧𝗜𝗢𝗡.

1. 𝙋𝙖𝙨𝙨𝙞𝙫𝙚 𝙎𝙪𝙗𝙟𝙚𝙘𝙩 (𝗗𝗲𝗯t𝗼𝗿 𝗼𝗿 𝗢𝗯𝗹𝗶𝗴𝗼𝗿) - the one who has the duty to perform.
2. 𝘼𝙘𝙩𝙞𝙫𝙚 𝙎𝙪𝙗𝙟𝙚𝙘𝙩 (𝗖𝗿𝗲𝗱𝗶t𝗼𝗿 𝗼𝗿 𝗢𝗯𝗹𝗶𝗴𝗲𝗲) - the one who has the right to demand.
3. 𝙊𝙗𝙟𝙚𝙘𝙩 𝙤𝙧 𝙥𝙧𝙚𝙨𝙩𝙖𝙩𝙞𝙤𝙣 (𝗦u𝗯𝗷𝗲𝗰t 𝗺𝗮tt𝗲𝗿 𝗼𝗳 t𝗵𝗲 𝗼𝗯𝗹𝗶𝗴𝗮t𝗶𝗼𝗻) - conduct

4. 𝙅𝙪𝙧𝙞𝙙𝙞𝙘𝙖𝙡 𝙤𝙧 𝙡𝙚𝙜𝙖𝙡 𝙩𝙞𝙚 (𝗘𝗳𝗳𝗶𝗰𝗶𝗲𝗻t 𝗰𝗮us𝗲/𝗩𝗶𝗻𝗰ulu𝗺) - binds or connects the

observe by the debtor; paying of debt

parties to the obligation.

𝗙𝗢𝗥𝗠 𝗢𝗙 𝗢𝗕𝗟𝗜𝗚𝗔𝗧𝗜𝗢𝗡 refers to the manner in which an obligation is manifested or incurred. It
may be 𝘰𝘳𝘢𝘭, 𝘸𝘳𝘪𝘵𝘪𝘯𝘨, 𝘱𝘢𝘳𝘵𝘭𝘺 𝘰𝘳𝘢𝘭 𝘰𝘳 𝘱𝘢𝘳𝘵𝘭𝘺 𝘸𝘳𝘪𝘵𝘪𝘯𝘨.
𝗢𝗯𝗹𝗶𝗴𝗮t𝗶𝗼𝗻( the act or performance),
𝗥𝗶𝗴𝗵t (the power of each person) and
𝗪𝗿𝗼𝗻𝗴 (caused of action)

𝗞𝗶𝗻𝗱 𝗼𝗳 𝗢𝗯𝗹𝗶𝗴𝗮t𝗶𝗼𝗻s
1. 𝘙𝘦𝘢𝘭 𝘖𝘣𝘭𝘪𝘨𝘢𝘵𝘪𝘰𝘯- obligation to give.
2. 𝘗𝘦𝘳𝘴𝘰𝘯𝘢𝘭 𝘰𝘣𝘭𝘪𝘨𝘢𝘵𝘪𝘰𝘯- obligation to do or not to do.
a. Positive Personal Obligation- obligation to do or to render service.
b. Negative Personal Obligation- obligation not to do or not to give.

𝗔𝗥𝗧𝗜𝗖𝗟𝗘 1157: 𝗢𝗯𝗹𝗶𝗴𝗮t𝗶𝗼𝗻 𝗮𝗿𝗶ses 𝗳𝗿𝗼𝗺: 𝗟𝗮w, 𝗖𝗼𝗻t𝗿𝗮𝗰ts, 𝗤uasi-contrats, Acts or

omissions, Quasi-delicts
𝗦𝗼u𝗿𝗰𝗲 𝗼𝗳 𝗢𝗯𝗹𝗶𝗴𝗮t𝗶𝗼𝗻
1. 𝘓𝘢𝘸 - can't be presumed. ex. paying taxes
2. 𝘊𝘰𝘯𝘵𝘳𝘢𝘤𝘵𝘴 - arise from the stipulations of the parties. ex. repay loan
3. 𝘘𝘶𝘢𝘴𝘪-𝘤𝘰𝘯𝘵𝘳𝘢𝘤𝘵𝘴 - Negotiorum Gestio and Solutio Indebiti -arise from lawful, voluntary

4. 𝘊𝘳𝘪𝘮𝘦𝘴 𝘰𝘳 𝘈𝘤𝘵𝘴/𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯 - sinadya/ walang kaduda duda ex. pagbalik ng ninakaw na

and unilateral acts. ex. returning money paid by mistake.

5. 𝘘𝘶𝘢𝘴𝘪-𝘥𝘦𝘭𝘪𝘤𝘵𝘴 - hindi sinadya, kulang sa pag iingat.

sasakyan.
𝗔𝗥𝗧𝗜𝗖𝗟𝗘 1158: 𝗢𝗯𝗹𝗶𝗴𝗮t𝗶𝗼𝗻 𝗱𝗲𝗿𝗶v𝗲𝗱 𝗳𝗿𝗼𝗺 𝗹𝗮w 𝗮𝗿𝗲 𝗻𝗼t 𝗽𝗿esu𝗺𝗲𝗱. 𝗢𝗻𝗹y t𝗵𝗼s𝗲
𝗲x𝗽𝗿𝗲ssly
𝗱𝗲t𝗲𝗿𝗺𝗶𝗻𝗲𝗱 𝗶𝗻 this 𝗰𝗼𝗱𝗲 𝗼𝗿 𝗶𝗻 s𝗽𝗲𝗰𝗶𝗮𝗹 𝗹𝗮ws 𝗮𝗿𝗲 𝗱𝗲𝗺𝗮𝗻𝗱𝗮𝗯𝗹𝗲 𝗮𝗻𝗱 s𝗵𝗮𝗹𝗹 𝗯𝗲
𝗿𝗲𝗴u𝗹𝗮te𝗱 𝗯y t𝗵𝗲 𝗽𝗿𝗲𝗰𝗲𝗽ts 𝗼𝗳 t𝗵𝗲 𝗹𝗮w w𝗵𝗶𝗰𝗵 establishes them; and as to what has not been
foreseen by the provisions of this book.
𝘓𝘦𝘨𝘢𝘭 𝘖𝘣𝘭𝘪𝘨𝘢𝘵𝘪𝘰𝘯𝘴 - 𝘰𝘳 𝘵𝘩𝘦 𝘰𝘣𝘭𝘪𝘨𝘢𝘵𝘪𝘰𝘯 𝘢𝘳𝘪𝘴𝘪𝘯𝘨 𝘧𝘳𝘰𝘮 𝘭𝘢𝘸; 𝘵𝘩𝘦𝘺 𝘢𝘳𝘦 𝘯𝘰𝘵
𝘱𝘳𝘦𝘴𝘶𝘮𝘦𝘥 𝘣𝘦𝘤𝘢𝘶𝘴𝘦 𝘵𝘩𝘦𝘺 𝘢𝘳𝘦 𝘤𝘰𝘯𝘴𝘪𝘥𝘦𝘳 𝘣𝘶𝘳𝘥𝘦𝘯 𝘶𝘱𝘰𝘯 𝘵𝘩𝘦 𝘰𝘣𝘭𝘪𝘨𝘰𝘳.
𝘚𝘱𝘦𝘤𝘪𝘢𝘭 𝘓𝘢𝘸𝘴 -𝘳𝘦𝘧𝘦𝘳𝘴 𝘵𝘰 𝘢𝘭𝘭 𝘰𝘵𝘩𝘦𝘳 𝘭𝘢𝘸𝘴 𝘯𝘰𝘵 𝘤𝘰𝘯𝘵𝘢𝘪𝘯𝘦𝘥 𝘪𝘯 𝘵𝘩𝘦 𝘤𝘪𝘷𝘪𝘭 𝘤𝘰𝘥𝘦.

𝗔𝗥𝗧𝗜𝗖𝗟𝗘 1159: Obligation arises from contracts have the force of law between contracting parties
and should be complied with in good faith.
Nature and Effects of Obligations
Article 1163
Every person obliged to give something is also obliged to take care of it with proper diligence of
a good father of a family, unless the law or the stipulation of the parties requires another
standard of care.
(Ordinary gift)
A specific or determinate thing – particularly designated or physically segregated from others of
the same class. (Article 1459)
Generic or indeterminate thing – refers to class or genus to which it pertains and cannot be
pointed out with particularity
Duties of debtor in obligation to give a determinate thing
𝘗𝘳𝘦𝘴𝘦𝘳𝘷𝘦 𝘵𝘩𝘦 𝘵𝘩𝘪𝘯𝘨- the obligor has the incidental duty to take care of the thing.
1. 𝘋𝘦𝘭𝘪𝘷𝘦𝘳 𝘵𝘩𝘦 𝘧𝘳𝘶𝘪𝘵𝘴 𝘰𝘧 𝘵𝘩𝘦 𝘵𝘩𝘪𝘯𝘨
2. 𝘋𝘦𝘭𝘪𝘷𝘦𝘳 𝘵𝘩𝘦 𝘢𝘤𝘤𝘦𝘴𝘴𝘪𝘰𝘯𝘴 𝘢𝘯𝘥 𝘢𝘤𝘤𝘦𝘴𝘴𝘰𝘳𝘪𝘦𝘴
3. 𝘋𝘦𝘭𝘪𝘷𝘦𝘳 𝘵𝘩𝘦 𝘵𝘩𝘪𝘯𝘨 𝘪𝘵𝘴𝘦𝘭𝘧
4. 𝘈𝘯𝘴𝘸𝘦𝘳 f𝘰𝘳 𝘥𝘢𝘮𝘢𝘨𝘦𝘴 𝘪𝘯 𝘤𝘢𝘴𝘦 𝘰𝘧 𝘯𝘰𝘯 𝘧𝘶𝘭𝘧𝘪𝘭𝘭𝘮𝘦𝘯𝘵 𝘰𝘳 𝘣𝘳𝘦𝘢𝘤𝘩
Duties of debtor in obligation to give a determinate thing
1. 𝘛𝘰 𝘥𝘦𝘭𝘪𝘷𝘦𝘳 𝘢 𝘵𝘩𝘪𝘯𝘨- quality intended by the parties.
2. 𝘛𝘰 𝘣𝘦 𝘭𝘪𝘢𝘣𝘭𝘦 𝘧𝘰𝘳 𝘥𝘢𝘮𝘨𝘦𝘴 𝘪𝘯 𝘤𝘢𝘴𝘦 𝘰𝘧 𝘧𝘳𝘢𝘶𝘥
𝗔𝗥𝗧𝗜𝗖𝗟𝗘 1164: 𝗧𝗵𝗲 𝗰𝗿𝗲𝗱𝗶 𝗼𝗿 𝗵𝗮 𝗮 𝗿𝗶𝗴𝗵 𝗼 𝗵𝗲 𝗳𝗿 𝗶 𝗼𝗳 𝗵𝗲 𝗵𝗶𝗻𝗴 𝗳𝗿𝗼𝗺 𝗵𝗲 𝗶𝗺𝗲 𝗵𝗲
𝗼𝗯𝗹𝗶𝗴𝗮 𝗶𝗼𝗻 𝗼
𝗱𝗲𝗹𝗶 𝗲𝗿 𝗶 𝗮𝗿𝗶 𝗲 . 𝗛𝗼 𝗲 𝗲𝗿, 𝗵𝗲 𝗵𝗮𝗹𝗹 𝗮𝗰𝗾 𝗶𝗿𝗲 𝗻𝗼 𝗿𝗲𝗮𝗹 𝗿𝗶𝗴𝗵 𝗼 𝗲𝗿 𝗶 𝗻 𝗶𝗹 𝗵𝗲 𝗮𝗺𝗲 𝗵𝗮
𝗯𝗲𝗲𝗻 𝗱𝗲𝗹𝗶 𝗲𝗿𝗲𝗱 𝗼 𝗵𝗶𝗺.
KINDS OF FRUITS
1. Natural Fruits – spontaneous products of the soil, and the young and other products of animals
Ex. All trees and plants
 2. Industrial Fruits – produced by lands of any kind through cultivation of labor ex. Sugar cane
vegetables and rice.
3. Civil Fruits – those derived by virtue of a juridical relation. Ex rent of buildings

RIGHT OF CREDITOR TO THE FRUITS

From the time the obligation to make delivery arises
Intention of law: to protect the interest of the obligee should the obligor commit delay
purposely or otherwise, in the fulfillment of his obligation.

PERSONAL RIGHT vs REAL RIGHT

1. Personal right – right or power of a 2. Real right – right or interest or a person
person (creditor) to demand from the over a specific thing (like ownership,
another (debtor), as a definite passive possession, mortgage), without a
subject, the fulfillment of the latter’s definite passive subject against whom
obligation to give, to do, or not to do the right may be personally enforced

ARTICLE 1166. The obligation to give a determinate thing includes that of delivering all its accessions
and accessories, even though they may not have been mentioned. (1097a)
o Accessions – fruits of a thing or additions to or improvements upon a thing
o Accessories – things joined to or included with principal thing for embellishment, better use or
completion
GR: all accessions and accessories are considered included in the obligation to deliver a determinate
thing although they may not have been mentioned. (Accessory follows the principal)

ARTICLE 1167. 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 tenor of the obligation.
Furthermore, it may be decreed that what has been poorly done be undone. (1098)

DUTIES OF DEBTOR IN OBLIGATION TO DELIVER A GENERIC THING

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
ARTICLE 1246. 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 consideration.
2. To be liable for damages in case of fraud, negligence or delay, In the performance of his
obligation, or contravention of the Tenor thereof.
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.
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. (1096)

ARTICLE 1165
REMEDIES OF CREDITOR IN REAL OBLIGATION
1. In specific real obligation; remedies:
a. Demand specific performance or fulfillment with right To indemnity
b. Demand rescission or cancellation with right to Recover damages
c. Demand payment of damages only
2.A generic real obligation
Can be performed by third person since object is Expressed only according to family or genus
Not necessary for creditor to compel the debtor to make Delivery, although – may ask
performance of obligation
In any case – right to recover damages under Art 1170 in Case of breach/violation of obligation
When debtor delays or has promised delivery to Separate creditors.
2 instances: fortuitous event does not exempt the Debtor from responsibility
Only determinate thing
Genus never perishes
ARTICLE 1168: When obligation consists in not doing, and obligor does what has been forbidden him it
shall also be undone at his expense.

ARTICLE 1169 Those obliged to deliver or to do something incur in delay from the time the addition or
extrajudicial in demands from them the fulfillment of their obligation.
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.
 DELAY - pinaka common reason bakit hindi siya nakapag deliver.
a. Ordinary delay- the failure to perform on obligation on time.
b. Legal delay- failure to perform an obligation on time which failure constitutes a breach.
Kinds of delay or default:
1 Mora solvendi - delay on the part of the debtor to fulfill his obligation.
2 Mora accipiendi - delay on the part of the creditor to accept the performance of the obligation.
3 Compensation morae - delay of the obligors in reciprocal obligations. Both parties has the
obligation to each other.

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.
 1 FRAUD (Deceit or dolo)
deliberate or intentional evasion of the normal fulfillment of an obligation.
2 NEGLIGENCE (Fault or culpa)
voluntary act or omission, there being no malice.
3 DELAY (Mora)
a failure to perform an obligation on time.
4 CONTRAVENTION OF THE TERMS OF THE OBLIGATION
violation of the terms and conditions stipulated in the obligation, this must not be due to
fortuitous event or force majeure.

ARTICLE 1171: Responsibility arising from fraud is demandable in all obligations any waiver of an
action for future fraud is void.
Waiver of action for future fraud void.
Waiver of action for past fraud valid.

ARTICLE 1172: Responsibility arising from negligence is the performance of every kind of obligation is
also demandable but such liability may be regulated by the courts according to the circumstances.
Kinds negligence according to source of obligation.
1 Contractual negligence (culpa contractual)
2 Civil negligence (culpa aquiliana)
3 Criminal negligence (culpa criminal)

ARTICLE 1173: The fault or negligence of the obligor consists in the omission of the diligence which is
required by the nature of the obligation and corresponds with the circumstances of the person of the
time of the place when negligence shows bad faith the provisions of article 1171 and to 2201,
paragraph 2 shall apply
 NEGLIGENCE- is the failure to observe for the protection of the interest of another person.
Factors to consider:
1. Nature of obligation
2. Circumstances of the person
3. Circumstances of time
4. Circumstances of the place

ARTICLE 1174: Except in cases expressly specified by the law or when it is otherwise declared by
stipulation or when the nature of the obligation requires assumption of risk no person shall be
responsible for those events which could not be foreseen or which though foreseen were inevitable.
 FORTUITOUS EVENT- any event which cannot be foreseen or which though foreseen
inevitable.
1. Acts of man
2. Acts of God (majeure)
Kinds of fortuitous events:
1. Ordinary fortuitous event -events which are common and which the contracting parties could
reasonably foresee.
 2. Extra-ordinary fortuitous event- those events which are uncommon and which the contracting
parties could not have reasonably foreseen.
Requisites of a fortuitous event
1. The event must be independent of the human will or at least of the debtor’s will.
2. The event could not be foreseen or if forcing is inevitable.
3. The event must be of a such a character as to render it impossible for the doctor to comply with
his obligation in a normal manner.
4. The director must be free from any participation in or the aggravation of, the injury to the
creditor.