Roles y Funciones del Puesto (ver anexo XIV)

Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care.1

Art. 1164. 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 until the same has been delivered to him.2

Art. 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.3

Art. 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.4

1_{Art. 1094, Spanish Civil Code, in modifi ed form.} 2_{Art. 1095, Spanish Civil Code.}

3_{Art. 1096, Spanish Civil Code, in modifi ed form.} 4_{Art. 1097, par. 1, Civil Code.}

Obligations To Give. — An obligation to give a thing may be either determinate or generic. It is determinate when the object is particularly designated or physically segregated from all others of the same class.5 _{It is generic or indeterminate when the object} is designated merely by its class or genus without any particular designation or physical segregation from all others of the same class. In other words, in the fi rst the object is a concrete, particularized thing, indicated by its own individuality, while in the second the object is one whose determination is confi ned to that of its nature — to the genus to which it pertains, such as a horse or a chair.6 _Thus, when the obligor or debtor binds himself to deliver to the obligee or creditor the white horse which won the Senior Grand Derby in 1979, the object of the obligation is said to be determinate. Since it has already been individually determined, the obligor cannot fulfi ll his obligation by delivering another horse as a substitute.7 _{On the other} hand, when the obligor or debtor binds himself to deliver “a horse” or “ten horses,’’ the object of the obligation is said to be indeterminate or generic. Since the horse or horses have not yet been particularly designated or physically segregated from all others of the same class, the obligor can fulfi ll his obligation by delivering any horse or horses which are neither of superior nor inferior quality.8

Idem; Nature of right of creditor. — In obligations to give, the obligee or creditor has a right to the thing which is the object of the obligation as well as the fruits thereof from the time the obligation to deliver it arises. This is evident from the provision of Art. 1164 of the Code. The question, however, is — when does the obligation to deliver the thing and the fruits arise? The answer to this question depends upon the nature of the obligation itself. In case of obligations arising from the law, quasi-contracts, criminal offenses, and quasi-delicts, the obligation to deliver arises from the time designated by the provisions of the Civil Code or of special laws creating or regulating them. In case of obligations arising from contracts, the obligation to deliver arises, as a general rule, from the moment of the perfection of the contract. The basis for the latter rule can be found in Art. 1537 of the Code which states that the vendor is bound to deliver the thing sold and its accessions and accessories in

5_{Art. 1460, par. 1, Civil Code.}

6_{Soriano vs. De Leon, 48 Off. Gaz. 2245; 8 Manresa, 5th Ed., Bk. 1, p. 102.} 7_{Art. 1244, Civil Code.}

8_{Art. 1246, Civil Code.}

OBLIGATIONS

the condition in which they were upon the perfection of the contract. According to Manresa, the principle declared in Art. 1164 is merely an extension of that declared in Art. 1537 considering the fact that an obligation arising from a contract of sale is the prototype of all contractual obligations.9 _{Generalizing the provision of the latter} article, we can, therefore, say that the obligor or debtor is bound to deliver the thing which is the object of the obligation as well as the fruits thereof from the moment the contract is perfected. In other words, with respect to the thing itself, the obligation to deliver arises from the time of perfection of the contract; with respect to the fruits, the obligation to deliver also arises from the time of the perfection of the contract. It must be noted, however, that these rules are not absolute in character. In case there is a contrary stipulation of the parties with respect to the time when the thing or fruits shall be delivered, such stipulation shall govern. Hence, if the obligation is subject to a suspensive condition, the obligation to deliver the thing as well as the fruits shall arise only from the moment of the fulfi llment of the condition, and if it is subject to a suspensive term or period, the obligation to deliver arises only upon the expiration of the designated term or period.

If the creditor has a right to the thing as well as to the fruits thereof from the time the obligation to deliver it arises, what is the nature of such right? Before answering this question, we must fi rst know the meaning of personal and real right. According to an eminent Spanish commentator, a personal right is “a right pertaining to a person to demand from another, as a defi nite passive subject, the fulfi llment of a prestation to give, to do or not to do.’’ It is a jus ad

rem, a right enforceable only against a defi nite person or group of

persons, such as the right of a creditor to demand from the debtor the delivery of the object of the obligation after the perfection of the contract. A real right, on the other hand, is a “right pertaining to a person over a specifi c thing, without a passive subject individually determined against whom such right may be personally enforced.’’10 It is a jus in re, a right enforceable against the whole world, such as the right of ownership, possession, usufruct or easement. It is clear from these defi nitions that before delivery, the creditor, in obligations to give, has merely a personal right against the debtor

9_{8 Manresa, 5th Ed., Bk. 1, pp. 97-98.} 10_{3 Sanchez 6-8.}

— a right to ask for delivery of the thing and the fruits thereof. Once the thing and the fruits are delivered, then he acquires a real right over them, a right which is enforceable against the whole world. This explains why according to Art. 1164 of the Code, although the creditor acquires a right to the fruits of the thing from the time the obligation to deliver it arises, he does not acquire any real right over it until the same has been delivered to him. Thus, if A and B enter into a written agreement whereby the former promises to deliver a parcel of land to the latter for a price of P100,000, the obligations to deliver the land on the part of the former and the purchase price of P100,000 on the part of the latter arise only from the moment of the perfection of the contract. As far as B is concerned, although he is entitled to all of the fruits of the land from the moment of the perfection of the contract, at most, he has only a personal right to compel A to deliver the land and such fruits in case he, himself, is also ready to comply with what is incumbent upon him.11 _{In other} words, he does not acquire a real right or right of ownership over the land and over the fruits thereof, until the same have been delivered to him. That is why, according to Art. 1477 of the Civil Code, the ownership of the thing sold shall be transferred to the vendee only upon the actual or constructive delivery thereof.

Idem; Rights of creditor in determinate obligations. — If the obligation to give is determinate, the rights of the creditor are as follows:

(1) To compel specifi c performance. This right is expressly recognized by the fi rst paragraph of Art. 1165 of the Code which states that the creditor may compel the debtor to make the delivery. It is complemented by the fi rst paragraph of Art. 1244 which states that the debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value as, or more valuable than that which is due. Consequently, if the debtor does not comply with his obligation at the time when the obligation to deliver arises or if he insists on delivering a different one, the remedy of the creditor is to fi le an action against the debtor to compel specifi c performance. In such case, the debtor cannot even plead pecuniary impossibility of performance. It is an undisputed principle of equity

11_{Cruzado vs. Bustos and Escaler, 34 Phil. 17; see also Fidelity and Deposit Co.}

vs. Wilson, 8 Phil. 51; Garchitorena vs. Almeda, CA, 48 Off. Gaz. 3432; Lundberg vs. Gancayco, CA, 50 Off. Gaz. 172.

OBLIGATIONS

jurisprudence, and this is also true in this jurisdiction, that mere pecuniary inability to fulfi ll an engagement does not discharge the obligation, nor does it constitute any defense to a decree for specifi c performance.12

(2) To recover damages for breach of the obligation. Besides the right to compel specifi c performance, the creditor has also the right to recover damages from the debtor in case of breach of the obligation through delay, fraud, negligence or contravention of the tenor thereof.13

It will be observed that the above remedies are not incompatible with each other. Hence, the creditor may fi le an action against the debtor for specifi c performance under the fi rst paragraph of Art. 1165 and, at the same time, avail of the action for damages against the said debtor under Art. 1170.14

Idem; Rights of creditor in generic obligations. — If the obligation to give is generic, the rights of the creditor are as follows:

(1) To ask for performance of the obligation. Whether the object of an obligation to give is determinate or generic, it is undeniable that the creditor has the right to ask for the performance of the obligation. The only difference is that in determinate obligations to give, the creditor can compel specifi c performance, while in indeterminate or generic obligations to give, he 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.15 _{Thus, if the debtor binds} himself to deliver ten horses to the creditor, the former must comply with the obligation by delivering to the latter any ten horses which must be neither of the highest nor poorest quality. The creditor in such case cannot compel specifi c performance by demanding the delivery of ten horses of superior quality.

(2) To ask that the obligation be complied with at the expense of the debtor. If the debtor refuses or is unable to comply with his obligation, the creditor can even ask that the obligation be complied with at the expense of such debtor.16 _{Thus, if the debtor}

12_{Gutierrez Repide vs. Afzelius, 39 Phil. 190.} 13_{Arts. 1165, par. 1, and 1170, Civil Code.} 14_{8 Manresa, 5th Ed., Bk. 1, p. 103.} 15_{Art. 1246, Civil Code.}

16_{Art. 1165, par. 2, Civil Code.}

had promised to deliver ten horses to the creditor at a specifi c date, and upon the arrival of the stipulated date he was unable to comply with the obligation after demand was made, the creditor can then order the delivery of ten horses which must be neither of superior nor inferior quality from any third person and all expenses incurred shall be charged against him.

(3) To recover damages for breach of the obligation. In case of failure of the debtor to comply with his obligation, or in case of breach by reason of fraud, negligence, delay or contravention of the tenor of the obligation, the creditor can demand for indemnifi cation for damages. Although Art. 1165 is silent with respect to the applicability of Art. 1170 to indeterminate or generic obligations, the scope of the article is broad enough to apply even to such class of obligations.17

Idem; Obligations of debtor in determinate obligations. — If the obligation to give is determinate, the obligations of the debtor are as follows:

(1) To perform the obligation specifi cally. In obligations to give a determinate thing, the obligor or debtor binds himself to deliver to the obligee or creditor a thing or object which is particularly designated or physically segregated from all others of the same class. Hence, he cannot comply with his obligation by delivering a thing which is different from that which is designated although belonging to the same class or genus. This is so even though the thing delivered may be of superior quality.18 _{Thus, if he binds himself to deliver to} the creditor a certain 80 Toyota Corona specifi cally described in the contract, he must deliver the specifi ed car and no other.

(2) To take care of the thing with the proper diligence of a good father of a family. This accessory obligation which is expressly imposed upon the debtor by the provision of Art. 1163 of the Code and which is applicable only to determinate obligations and not to generic ones,19 _{is established merely for the purpose of insuring the} effi cacy and performance of the obligation. As a general rule, the standard of care which must be exercised for the preservation of the

17_{8 Manresa, 5th Ed., Bk. 1, p. 104.} 18_{Art. 1244, Civil Code.}

19_{2 De Diego 65.}

OBLIGATIONS

thing must be the diligence of a good father of a family.20 _{This rule,} however, is subject to two exceptions. The fi rst is if the law requires another standard of care. Thus, Art. 1733 of the Civil Code provides that common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods, and for the safety of the passengers transported by them, according to all of the circumstances of each case. The second is if the parties stipulate another standard of care. Thus, the parties may agree that the standard to be followed by the debtor in taking care of the thing pending its delivery or in the delivery itself shall be either extraordinary care or slight care.

(3) To deliver all accessions and accessories of the thing, even though they may not have been mentioned. This accessory obligation is expressly imposed upon the debtor by the provision of Art. 1166 of the Code. The term “accessions’’ signifi es all of those things which are produced by the thing which is the object of the obligation as well as all of those which are naturally or artifi cially attached thereto.21 Consequently, it comprehends all of the different kinds of accessions which are defi ned and regulated by the provisions of Art. 441 to Art. 475 of the Civil Code, such as accesión discreta (natural, industrial and civil fruits) as well as accesión industrial (building, planting and sowing), accesión natural (alluvion, avulsion, abandoned river beds, and islands formed in non-navigable or non-fl oatable rivers) and accession with respect to movable property (adjunction or conjunction, confusion or commixtion, and specifi cation). “Accessories,’’ on the other hand, must be understood in its current and popular sense. It signifi es all of those things which have for their object the embellishment, use or preservation of another thing which is more important and to which they are not incorporated or attached. In other words, it includes all of those things which are necessary or convenient for the perfection of another thing, such as the equipment of a factory, the spare parts and tools of a machine, the key of a house, and others of a similar nature.22

It must be noted that under the old law, “accessions” were not included, in view of which, according to the Supreme Court of Spain,

20_{Art. 1163, Civil Code; see Bishop of Jaro vs. De la Peña, 26 Phil. 144.} 21_{Art. 440, Civil Code.}

22_{8 Manresa, 5th Ed., Bk. 1, pp. 109-110.}

if a piece of land is sold without mentioning the house thereon, the sale does not include the house because it is not an “accessory,” but an “accession.” However, the Code Commission, considering that when a piece of land is sold, ordinarily all the improvements thereon are intended as included in the sale, inserted the word “accessions.”23

In the case of Pormellosa vs. Land Tenure Administration,

1 SCRA 375 (1961), it was ruled that a sale of the house and

improvements upon a land is not suffi cient to convey title or any right to the land, thus enunciating the rule that an obligation to deliver the accessions or accessories of a thing does not include the thing unless otherwise stipulated.

(4) To be liable for damages in case of breach of the obligation by reason of delay, fraud, negligence or contravention of the tenor thereof. This obligation is expressly imposed upon the debtor by the provision of Art. 1170 of the Code. It must be noted, however, that this liability does not arise if the breach is due to a fortuitous event.24 _{In other words, such liability extends only to a breach which} is voluntary in character, and not to one which is involuntary. Thus, if the debtor binds himself to deliver to the creditor a specifi ed automobile by the end of November, 1980, and said automobile was destroyed when the garage in which it was kept was gutted by a fi re of accidental origin before the date of delivery, the obligation is extinguished. There can, therefore, be no liability of the debtor for breach of the obligation.

It must also be noted that under the third paragraph of Art. 1165, it is provided that 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 had effected the delivery. It is evident that this rule is applicable only to obligations to give a determinate thing. This is so because