OBLICON (Chapter 2)

Art. 1163 states:

“Every person obliged to give something, is also obliged to take

care of ot 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. What is the object or subject matter of an obligation, contemplated in Art. 1163,

or when is Art. 1163 applicable?

The object or subject matter is a specific or determinate thing

2. When is a thing said to be specific or determinate?

When the thing is particularly designated or when the thing could be

physically segregated from other of the same class.

3. Give an example of a specific or determinate thing.

A Toyota Corolla with plate number NME 123

The shoes I am wearing now

4. What is the meaning of generic or indeterminate thing?

A thing is generic or indeterminate, when it refers only to a class or genus

to which it pertains and cannot be pointed out with particularity.

5. Give an example of a generic or determinate thing.

Toyota Corolla car

Rolex watch

6. Based on Art. 1163, What is/are the duty/duties of the debtor or obligor in an
obligation to give a determinate thing?

Preserve or take care of the thing

7. In what manner should the debtor/obligor preserve or take care of a determinate

thing, according to Art. 1163?

 In accordance with Law

 In accordance to the stipulation of the parties
 With the Diligence of a good father or a family

8. What is the meaning of diligence of a good father of a family?

 Ordinary care
 Diligence which an average ( reasonably prudent) person exercises
over his own property

Art. 1164 provides:

 “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”

9. What are the different kinds of fruits?

Natural fruit – are the spontaneous products of the soil, and the young and
other products of animals

Industrial fruits – are those produced by lands or any kind through cultivation or
labor

Civil fruits – are those derived by virtue of juridical relation

10. Give an example of a Natural fruit.

The produce of a tree that was not cultivated

11. Give an example of an Industrial fruit?

Rice, vergetables, corns cultivated by farmers

12. Give an example of a Civil Fruit?

Rent on a building

13. When does the obligation to deliver the fruits of the thing, arises?

 As a general rule the obligation to deliver the fruits from the time of
the perfection of the contract
 If the obligation is subject to a suspensive condition or period, the
obligation to deliver the fruits arises upon the fulfilment of the
condition or arrival of the period
 In a contract of sale, the obligation to deliver arises from the
perfection of the contract, even if the obligation is subject to a
suspensive condition
 In obligations to give arising from law, quasi –delict, quasi-
contracts, and delicts, the obligation to deliver the fruits is
determined by the specific provisions of the law

14. What is a personal right?

The right or power of a person (creditor) to demand from another (debtor),

as a definite passive subject, the fulfilment of the latter’s obligation to give,
to do, or not to do

15. What is a real right?

The right or interest of a person over a specific thing (like ownership,

possession, mortgage) without a definite passive subject against whom
the right may be personally enforce

16. Give an example of a personal right?

Ex. Right of A to demand payment in the amount of PhP 1,000 from B
17. Give an example of a real right?

Ex. A is the owner of a parcel of land. A can demand from anyone to vacate
the parcel of land, in such a case any person occupies it against the will
and without the consent of A. There is no definite person against whom the
right is to be enforced

Art. 1165 states:

“When what is to be delivered is a determinate thing, the

creditor, in addition to the right granted him by Article 1170, may
demand 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 does not have the same interest, he
shall be responsible for fortuitous event until he has effected
delivery.”

18. What is the object or subject matter of paragraph 1, of Art. 1165?

Determinate thing

19. What is the object or subject matter of paragraph 2, of Art. 1165?

Indeterminate thing

20. What is the object or subject matter or paragraph 3, of Art. 1165?

Determinate and Indeterminate thing

Art. 1165, provides for the obligation of the debtor to deliver the object or
subject matter of the obligation

21. What is a fortuitous event?

Fortuitous are unforeseen events or though foreseen is inevitable

22. What are the classification or kinds of fortuitous events?

Acts of Man – unforeseen events

Acts of God – those foreseen but inevitable

23. Give an example of an Acts of Man.

Ex. Robbery
24. Give an example of an Acts of God.

Ex. Eathquake, Storm

25. What is the responsibility of a debtor if he delays in the delivery or promises to

deliver the same thing to two (2) or more person?

The debtor shall be responsible for even in case of fortuitous event

Art. 1166 states:

“The obligation to give a determinate thing includes that of

delivering all the accessions and accessories, eventhough they
may not have been mentioned”

26. What is the meaning of Accessions?

Accessions are fruits of a thing or additions to or improvements upon a

thing (principal)

27. What is the meaning of Accessory?

Accessory are things joined to or included with the principal thing for the
latter’s embellishment, better use, or completion

28. Give an example of an accession.

Ex. An improvement on a parcel of land

29. Give an example of an accessory.

Ex. Keys to a house.

Key of the car

30. If the obligation is to deliver the accession or accessory, does it automatically

include to deliver the thing? No

Art. 1167 states:

“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. Further, it may be decreed that what has been poorly
done be undone.”

31. Is Art. 1167, applicable to give a determinate thing? Not

32. Give an example of paragraph 1 of Art. 1167.

 Ex. Suppose A is oblige to paint the house of B. A fails to paint the house
of B, B may contract someone to paint his house, and A will shoulder the
cost

33. Give an example of paragraph 2 of Art. 1167

Ex. Suppose A is oblige to paint the house of B using a red paint. A painted
the house of B using a white paint. B may contract another to repaint his
house, and A will shoulder the cost.

Art. 1168 states:

“When the obligation consist in not doing, and the obligor does what has
been forbidden him, it shall also be undone at his expense.”

34. What is the object or subject matter of Art. 1168?

Obligation NOT TO DO

Art. 1168 is similar to Art. 1167, that the debtor shall bear the expense in
undoing what was forbidden of him to do

35. Give an example of Art. 1168.

A is forbidden to build a basketball court on the land of B. The court may

be removed at the expense of A

Art. 1169 states:

“Those obliged to deliver or to do something incur in delay from the time

the obligee judicially or extrajudicially demands from them the fulfilment of
their obligation.

However, the demand by the creditor shall not be necessary inorder that
delay may exist. ……………………”

36. What is Ordinary delay?

Ordinary delay is the failure to perform an obligation on time

37. What is Legal Delay?

Legal delay or default or mora is the failure to perform an obligation on

time which failure constitutes a breach of the obligation

38. What are the kinds of delay or default?

Mora solvendi – delay on the part of the debtor to fulfil his onligation
 Mora accipendi – delay on the part of the creditor to accept the performance of
the obligation

Compensatio morae – delay of the obligors in reciprocal obligations

39. What are the requisites of delay or default?

(a) Failure of the debtor to perform his (positive) obligation on the date
agreed upon
(b) Demand made by the creditor
(c) Failure of the debtor to comply with such demand

40. When does the debtor or obligor incur delay?

From the moment of demand

41. When is demand not necessary, in order for the debtor or obligor to incur delay?

(a) When the obligation provides that there is no need for demand
(b) When the law provides
(c) When the time is of the essence
(d) When demand would be useless
(e) When there is performance by a party in reciprocal obligation

42. Give examples of 41(a), (b), (c), (d) and (e).

Ex.
(a) The obligation states “no need for demand”
(b) Payment of taxes
(c) In case of wedding, the delivery of food in the reception
(d) When the object is lost
(e) When S agreed to sell and deliver his car to B, and B to pay S. The party
who does not fulfil his obligation when the other party has fulfilled his,
then the party that fails to fulfil incurs delay without need of demand

Art. 1170 states:

“Those who in the performance of their obligation are guilty of fraud,

negligence, or delay and those who in any manner contravene the tenor
thereof, are liable for damages.”

43. What is fraud?

Deliberate or intentional evasion of the normal fulfilment of an obligation

Art. 1170 refers to incidental fraud, which is committed in the performance

of an obligation

44. What is incidental fraud?

Fraud committed in the performance of an obligation

45. What is causal fraud?
 Fraud employed in the execution of a contract under Art. 1338, which
vitiates consent

46. What is negligence?

It is a voluntary acts or omission (omission of the required diligence), there

being no bad faith or malice, which prevents the normal fulfilment of an
obligation

Art. 1173 defines fault or negligence

47. Give example of fraud in the performance of the obligation.

A is obliged to deliver 10 bottles of a particular brand of wine, but A

delivers 10 bottles of cheaper brand of wine.

48. Give example of negligence in the performance of an obligation.

A is obliged to deliver a refrigerator in good condition. But A did not

properly secure the refrigerator, when he transported it, then A is negligent
if the refrigerator is damaged

49. What are the duties of a debtor/obligor in an obligation to give a determinate

thing?

 Preserve or Take care of the thing (Art. 1163)

 Deliver the fruits of the thing ( Art. 1164)
 Deliver the accessions and accessories (Art. 1166)
 Deliver the thing itself (Arts. 1163, 1233, 1244, 1497 to 1501)
 Answer for damages in case of non-fulfillment or breach (Art. 1170)

50. May an action for future fraud be waived? NO (Art. 1171)

51. May an action against past fraud be waived? YES

52. May an action for future negligence be waived? Yes

53. What is the meaning of damages?

It is the money compensation awarded to a party for loss or injury resulting

from breach of contract or obligation by the other

54. What kind of diligence is required in the performance of an obligation?

 That agreed upon by the parties

 Diligence required by law
 Diligence of a good father of a family

Art. 1174 defines Fortuitous event

What is a Fortuitous event? Event which cannot be foreseen or which though

foreseen is ineveitable
55. As a general rule, is a debtor or obligor liable for fortuitous event?

As a general rule, Art. 1174, provides that an obligor is not liable for fortuitous
events

56. When is a debtor or obligor liable for fortuitous events?

 when specified by law

 when stipulated by the parties
 when debtor is guilty of delay, negligence, fraud, or promised to give
the same determinate thing to 2 or more person
 when the nature of the obligation requires assumption of risk

57. What are the requisites of a fortuitous events?

 The event must be independent of the will of the debtor

 The event could not be foreseen or though foreseen but inevitable
 The event renders it impossible for the debtor to comply with his
obligation in a normal manner
 The debtor is free from any participation in or aggravation of the
injury to the creditor, there is no concurrent negligence on his part

58. What is the meaning of Usury?

Contract for or receiving interest in excess of the amount allowed by law

for loan or use of money, goods, chattels or credits

59. What are the requirements to recover interest?

(a) Payment of interest must be expressly stipulated

(b) The agreement must be in writing
(c) The interest must be lawful

Art. 1176 provides:

“The receipt of the principal by the creditor, without reservation

with respect to the interest, shall give rise to the presumption that
said interest has been paid.

The receipt of a latter instalment of a debt, without reservation as

to prior instalment shall likewise raise the presumption that such
instalments have been paid.”

60. Give an example of the 1st par. of Art. 1176.

Ex. A borrowed PhP 20,000 from B, at 10% interest per annum. B received
the principal payment of PhP 20,000 without any statement whether or not
B has paid the interest on the loan. It is presumed that A has paid the
interes.

61. Give example of the 2nd par. of Art. 1176.

 Ex. A borrowed PhP 20,000 from B, payable in 10 months, beginning on
January 2018. A paid the instalment payments for March 2018, and B did
not make any statement that A has not paid the instalment payments for
January and February 2018, then there is a presumption that the instalment
payments for January and February 2018, has already been paid.

62. What is a conclusive presumption?

One which cannot be contradicted.

63. What is a disputable presumption?

One which can be contradicted or rebutted, by presenting proof to the

contrary

64. What kind of presumption is Art. 1176? Disputable presumption

Art. 1177 provides:

“The creditors, after having pursued the property in possession of

the debtor to satisfy their claims, may exercise all the rights and
bring all actions of the latter for the same purpose, save those
which are inherent in his person; they may also impugn the acts
which the debtor may have done to defraud them.”

65. What are the remedies of the creditor under Art. 1177?

 Exact fulfilment
 Pursue the properties of the debtor
 Exercise all rights of the debtor and bring actions against him (i.e.
collect from the debtors of the debtor)
 Rescind the contract or impugn acts which the debtor may have
done to defraud the creditor

Art. 1178 provides:

“Subject to the laws, all rights acquired in virtue of an obligation

are transmissible, if there has been no stipulation to the contrary.”

66. Give example of applicability or Art. 1178.

A has the right to received PhP 2,000 from B. A may transfer the right to C
 CHAPTER 3

67. What are the primary classifications of obligations under the Civil Code?

(a) Pure and Condition obligations (Arts. 1179 – 1192)

(b) Obligations with a period (Arts. 1193 – 1198)
(c) Alternative (Arts. 1199 – 1205) and Facultative obligations (Art. 1206)
(d) Joint and Solidary obligations (Arts. 1207 – 1222)
(e) Divisible and Indivisible obligations (Arts. 1223 – 1225)
(f) Obligations with a Penal Clause (Arts. 1226 – 1230)

68. What are the secondary classifications of obligations under the Civil Code?

(a) Unilateral and bilateral obligations (Arts. 1169 – 1191)

(b) Real and Personal obligations (Arts. 1163 – 1168)
(c) Determinate and Generic obligations (Art. 1165)
(d) Civil and Natural obligations (Art. 1423)
(e) Legal, Conventional, and Penal obligations (Arts. 1157, 1159, 1161)

69. What kind of an obligation is the 1st paragraph of Art. 1179, which states:

“Every obligation whose performance does not depend upon a

future or uncertain event, or upon a past event unknown to the
parties, is demandable at once.”

Pure Obligation

70. What is the meaning of a Pure Obligation?

A pure obligation is one which is not subject to any condition and no

specific date is mentioned for its fulfilment and is, therefore, immediately
demandable

Ex. A promises to deliver his car to B.

A obliges to pay B PhP 1,000

A binds himself to pay B PhP 1,000 upon demand of B.

71. If an obligation is immediately demandable, does it necessarily mean that it is a

pure obligation?

No, because an obligation that is subject to a resolutory condition or

resolutory period, is immediately demandable

72. In the example A binds himself to pay B PhP 1,000 upon demand of B, is this a
pure obligation? Is “upon demand of B” not a condition?

It is a pure obligation, because the fulfilment of the obligation is

immediately demandable.

73. What kind of an obligation is the 2nd paragraph of Art. 1179, which states:
 “Every obligation which contain a resolutory condition shall also be
demandable, without prejudice to the effects of the happening of
the event.”

Ans: Conditional Resolutory Obligation

74. What is the meaning of a conditional obligation?

Ans: A conditional obligation is one whose consequence are subject
in one way or another to the fulfillment of a condition

75. What is the meaning of a condition?

Ans.: Condition is a future and uncertain event, upon the happening

of which, the effectivity or extinguishment of an obligation (or right)
subject to it depends

76. What are the two (2) principal kinds of condition?

Suspensive condition (condition precedent or condition antecedent) or

one the fulfillment of which will give rise to an obligation (or right). In other
words, the demandability of the obligation is suspended until the
happening of the uncertain event which constitutes the condition.

Resolutory condition (condition subsequent) or one the fulfilment of

which will extinguish an obligation (or right) already existing.

77. Give an example of a suspensive condition.

Ex. I will sell you the land if it is given to me by my father.

78. Give an example of a resolutory condition.

Ex. D binds himself to give C PhP 2,000 a month, until C graduate.

79. What are the distinctions between a suspensive condition and resolutory
condition?

Suspensive Condition Resolutory Condition

Upon fulfilment of the condition, Upon fulfilment of the condition,

the obligation (or right) arises the obligation (or right) is
extinguished

If the condition is not fulfilled, the If the condition is not fulfilled, the
juridical tie does not appear juridical tie is consolidated

Until the condition is fulfilled, For as long as the condition is

the existence of the obligation is unfulfilled the obligation exist
a mere hope

80. When is an obligation demandable at once, or immediately demandable?

(a) When it is a pure obligation (Art. 1179, par. 1)

 (b) When the obligation is subject to a resolutory condition
(c) When the obligation is subject to a resolutory period

81. What kind of an obligation is a situation when the debtor binds himself
to pay when his means permit him to do so? Obligation with a period

82. What is the meaning of a period?

A period is a future and certain event upon the arrival of which, gives
rise of extinguishes an obligation

83. Is a past and unknown event a condition? No, only future and uncertain
event are conditions

84. Is an obligation, subject to a past and unknown event a conditional

obligation? Yes, because, what the law contemplates as to when the
obligation arises or ceases is the knowledge of the past and
unknown event

85. Give an example of an obligation which is subject to a suspensive

condition.

Ex. A promises to give B PhP 1,000, if A passes the civil service

exam A just took, wherein the result will be released next month.

86. Give an example of an obligation which is subject to past uncertain event.

Ex. A promises to give B PhP 1,000, if A passes the civil service

exam A just took, wherein the result was released yesterday.

Art. 1180 provides:

“When the debtor binds himself to pay when his means permits him to do
so, the obligation shall be deemed to be one with a period, subject to the
provisions of article 1197.”

87. What is the meaning of a period? A period is a future and certain

event upon the arrival of which the obligation subject to it either
arises or is extinguished

88. What is the difference between a condition and a period?

A condition is an uncertain event, while a period is a certain event

89. What are other instances that an obligation is subject to a period?

When the debtor binds himself, to the following:

 When his means permits him to do so

 Little by little
 As soon as possible
 From time to time
 At anytime I have money
  In partial payment
 When I’m in a position to pay

Art. 1181 provides:

“In conditional obligations, the acquisition of rights, as well as the

extinguishment or loss of those already acquired, shall depend upon the
happening of the event which constitutes the condition.”

90. What is the effect of the happening of the condition, in a conditional

obligation?

 Acquisition of right in a suspensive conditional obligation

 Loss or extinguishment of right in a resolutory conditional obligation

91. Give example of a supensive conditional obligation?

Ex. A will give B PhP 2,000 if B finishes his course in time

92. Give example of a resolutory conditional obligation?

Ex. A will give B PhP 2,000 for as long as if B is a Dean’s lister.

Art. 1182 provides:

“When the fulfilment of the condition depends upon the sole will of the
debtor, the conditional obligation shall be void. If it depends upon chance
or upon the will of a third person, the obligation shall take effect in
conformity with the provisions of this Code.”

93. What kind of a condition is the first sentence of Art. 1121? Potestative
condition

94. What is a potestative condition? A potestative condition is a

suspensive condition, which depends upon the sole will of the one
of the contracting parties

95. Are all potestative condition void? No, only those potestative
condition with depends solely on the will of the debtor, because, a
potestative condition may depend upon the sole will of the creditor
which is valid

96. When is a potestative condition void? When it depends solely on the

will of the debtor

97. Give example of an obligation which is subject to a potestative condition,

which depends solely on the will of the debtor.

Ex.
 I will pay you if I want to
 I will pay you after I apply for a loan from a bank
  I will pay you when I sell my house
 I will pay you when I finish my painting

98. Give example of a potestative suspensive condition that depends upon

the will of the creditor?

Ex. A promises to pay his debt to B. when B goes to A’s house to

collect.

99. In a potestative condition, where the fulfilment of the condition depends

solely on the will of the debtor, are both the condition and obligation void?

Not necessarily, when the obligation arose simultaneous to the

potestative condition, both obligation and condition are void.

But, when the obligation was incurred prior to the potestative

condition, only the condition is void, the obligation is valid.

100. Give an example of a void obligation and potestative condition

Ex. A promises to give B PhP 1,000, if A wants to

101. Give an example of a valid obligation and a void potestative

condition.

Ex. B borrowed money from A, with the promises that B will pay A,
within 2 months. Thereafter, B proposed to A that B will pay A when
B sell his car, which A agreed to.

102. What kind of a condition is a suspensive condition that depends

upon chance or the will of a third person? Casual

103. Is a casual suspensive condition valid? Yes

104. Give Example of a casual suspensive condition.

Ex. A binds himself to give PhP 1,000, if C finishes the marathon.

105. What kind of a condition is a suspensive condition that depends

upon partly on chance or partly upon the will of a third person? Mixed

106. Is a casual suspensive condition valid? Yes

107. Give Example of a mixed suspensive condition.

Ex. A binds himself to give PhP 1,000, if C finishes the marathon and
it does not rain.

108. Is a suspensive condition that depends upon partly on chance and

partly upon the debtor valid? No,

Art. 1183 provides:

“Impossible conditions, those contrary to good customs or public

polic and those prohibited by law shall annul the obligations which
 depends upon them. If the obligation is divisible, that part thereof which is
not affected by the impossible or unlawful condition is valid

The condition not to do an impossible thing shall be considered as

not having been agreed upon.”

109. What conditions annuls an obligation, as provided in Art. 1183?

 Impossible conditions
 those contrary to good custom
 those public policy
 those prohibited by law

110. What kind of impossible conditions are contemplated in Art. 1183?

 Physically impossible – those that cannot exist or cannot be

done
 Legally impossible – those are contrary to law, contrary to
morals, contrary to public policy

111. Give examples of impossible conditions.

Ex. A promises to give B PhP 1,000 when it snows in the Philippines

112. Give examples of conditions prohibited by law.

Ex. A promises to give B PhP 1,000 when A sells shabu.

113. If the condition is a negative impossible condition, is it valid? Yes,

2nd par. of Art. 1183, the condition shall just be disregarded.

114. Give example of a negative impossible conditional obligation?

Ex. A promises to pay B is it does not snow in the Philippines.

In negative impossible conditional obligation, only the condition is void. The

obligation is valid.

Art. 1184 provides:

“The condition that some event happen at a determinate time shall

extinguish the obligation as soon as the time expires or if it has become
indubitable that the event will not take place.”

115. What scenarios are contemplated in Art. 1184?

 The time expires or arrives without the event happening

 As soon as it becomes indubitable (without any doubt) that the
event will not take place
116. What kind of conditions are contemplated in Art. 1184? Positive
condition (the happening of an event)

117. What happens to the obligation when the two (2) scenarios as
stated in Art. 1184 happens? The obligation is extinguished

118. Give example of both.

Ex. A promises to give B PhP 1,000 if B finished college at age 20.

If B does not finish college at age 20, then the obligation is

extinguished

Likewise, if B dies at age 18, the obligation is extinguished

Art. 1185 provides:

“The condition that some event will not happen at a determinate

time shall render the obligation effective from the moment the time has
elapsed, or if it has become evident that the event cannot occur.

If no time has been fixed, the condition shall be deemed fulfilled at

such time as may have been contemplated, bearing in mind the nature of
the obligation.”

119. What kind of conditions are contemplated in Art. 1185? Negative

condition (the event will not happen)

120. What scenarios are contemplated in Art. 1185?

 The moment the time indicated elapsed and the event does not
happen
 The moment it becomes evident (certain) that the event will not
happen or occur

121. What happens to the obligation when the two (2) scenarios as
stated in Art. 1185 happens? The obligation becomes effective
extinguished

122. Give example of both.

Ex. A promises to give B PhP 1,000 if C does not marry by age 20.

If C reaches the age of 20 and has not yet gotten married, the
obligation becomes effective

Likewise, if C dies at age 18, the obligation is effective.

Art. 1186 provides:

“The condition shall be deemed fulfilled when the obligor voluntarily

prevents its fulfillment.”
123. What are the requirements in order that Art. 1186 may be applied?

(a) The condition is suspensive

(b) The obligor prevents the fulfilment of the condition
(c) The obligor acts voluntarily

124. Give example of the application of Art. 1186.

Ex. A promises to give B PhP 1,000 if B runs the marathon.

To prevent B from running in the marathon, A had B drink a pill that

would prevent B from waking up and run the marathon.

Art. 1187 provides:

“The effect of a conditional obligation to give, ………”

125. What is the effect of a conditional obligation to give, once the

condition is fulfilled?

The obligation shall retroact to the day of the constitution of the

obligation.

126. What is the effect with regard to the fruits, in conditional obligation
to give, once the condition is fulfilled?

In unilateral obligation, the creditor has the rights to the fruit from
the moment of the constitution of the obligation, unless from the
nature and circumstances it should be inferred that the intention of
the person constituting the same was different

In a reciprocal obligation, the interest and fruits are deemed mutually

compensated.

Art. 1187 basically states that there is no retroactive effect as to the fruits

127. Suppose A promises to sell to B his dog Bantay, when B wins a

tournament. Bantay got pregnant and gave birth to 3 puppies. B then wins
a tournament. When A sells to B Bantay, who has rights over the 3
puppies? A is entitled to the puppies, because, it is a reciprocal
obligation, since there is reciprocal prestations, the fruits and
interests due to the parties are deemed mutually compensated. In
the same light, B is not required to pay interest.

128. Suppose A promised to give B his dog Bantay, when B wins a

tournament. Bantay got pregnant and gave birth to 3 puppies. B then wins
a tournament. Who has right over the 3 puppies? A is entitled to the
puppies. 3rd sentence of the 1st par of Art. 1187 provides that the
debtor shall appropriate the fruits. A is the debtor, he is the one who
has the obligation to give. Also since, it is a unilateral obligation, the
same is gratuitous thus there is no retroactive effect as to the fruits.

Art. 1188 provides:

 “The creditor may, before the fulfilment of the condition, bring
appropriate actions for the preservation of his right.

The debtor may recover what during the same time he has paid by
mistake in case of a suspensive condition.”

129. Give an example of par. 1 of Art. 1188.

Ex. A promised to give B his Seiko watch, if B wins a tournament. Even

before B wins a tournament, B can go to court and ask the court that A
does not sell or dispose his Seiko watch.

The 2nd par. of Art. 1188 is based on the principle of solution indebiti

130. Give an example of par. 2 of Art. 1188.

Ex. A promised to give B his Seiko watch, if B wins a tournament. A by

mistake thought that B has won a tournament, thus he gave his Seiko
watch to B. A may recover the Seiko watch, because he gave it to B by
mistake, thinking that B has won a tournament.

Art. 1189 provides:

“When the conditions have been imposed ………….”

Art. 1189 contemplates of suspensive conditional obligation to give a

specific/determinate thing, and before the happening of the event/condition,
there is improvement, loss or deterioration of the specific/determinate thing.

131. What are the requirements in order that 1189 could be applied?
(a) The obligation is a real obligation
(b) The obligation is a specific or determinate thing
(c) The obligation is subject to a suspensive condition
(d) The imposition of the condition is intended to suspend the
efficacy or effectivity of the obligation
(e) The condition is fulfilled
(f) There is loss, deterioration, or improvement during the pendency
of the condition

132. What are the different kinds of loss under the civil code?

(a) Physical loss – when the thing perishes

(b) Legal loss – when the thing goes out of commerce or when the
legal thing becomes illegal

(c) Civil loss – when the thing disappears in such a way that its
existence is unknown , or even known it cannot be recovered
133. Give examples of physical loss, legal loss, and civil loss.
Ex. Physical loss – When a car owned by A, with plate no. ABC123
was destroyed in an earthquake

Legal loss – When a currency has become illegal use

Civil loss – When a property could no longer be owned due to

prescription or that its ownership has been transferred to another
person legally

134. What does deterioration of the thing means? It is when the value
of the thing is reduced or impaired

135. What does improvement of the thing means? It is when the value
of the thing is increased or enhanced

136. What is the rule when the thing is loss or it deteriorated through
the debtor’s fault?

Loss
 liable for damages

Ex. A promised to sell his car with plate no. ABC123 to B, but A was in
delay in delivering the car. The car was subsequently destroyed by an
earthquake. A is liable for damages.

Deteriorates
 creditor may choose rescission
 fulfilment of the obligation with damages

Ex. A promised to sell his car with plate no. ABC123 to B, but A was in
delay in delivering the car. The car was accidentally hit by a motorcycle,
which caused a dent on the car. B may choose rescission or B may
choose to buy the car and demand for damages from A.

137. What is the rule when the thing is loss or it deteriorated without the
debtor’s fault?

Loss
 Obligation is extinguished

Ex. A promised to sell his car with plate no. ABC123 to B, without any
fraud, negligence or delay on the part of A, car was subsequently
destroyed by an earthquake. The obligation is extinguished.

Deteriorates
 Impairment will be borne by the creditor

Ex. A promised to sell his car with plate no. ABC123 to B, without any
fraud, negligence or delay on the part of A, while it was in transit, an
earthquake occurred, and the car sustained damage. B shall bear the
damage.
138. What is the rule when the thing is improved by its nature or by
time? The improvement shall inure to the benefit of the creditor

Ex. A promised to give his dog Bantay to B, if B sells A’s car with plate no.
ABC 123. A was able to sell A’s car, with plate no. ABC 123. The purpose
of B selling A’s car was to delay the delivery of Bantay to B, because, A is
still emotionally attached to Bantay. If Bantay got pregnant and gave birth
to 3 puppies before B was able to sell the car, who has right over the 3
puppies? B has the right over the 3 puppies.

139. How do you differentiate par. 5 of Art. 1189 with Art. 1187? In Art.
1187, there is a mutual obligation between the parties, while in par. 5
of Art. 1189. In par. 5 of Art. 1189, the intention in instituting the
condition is to suspend the effectivity or efficacy of the obligation.

140. What is the rule when the thing is improved by at the expense of
the debtor? The debtor has no right than that granted to the
usufructuary

Ex. A promised to sell his car with plate no. ABC123 to B, before
delivering the car to B, A had it detailed, which cost him PhP 5,000.00. At
the same time, the value of the car increased by PhP 10,000.00. Is a
entitled to be paid for the expense he incurred in having the car detailed?
No, A is only entitled to the use and fruits, if any. In this case, there is
no fruits, and A may only use the car as long as he is not in delay,
does not commit fraud or negligence.

Ex. A promised to give a parcel of land to B, if B sells A’s car with plate no.
ABC123. While B has not sold A’s car, A took care of the trees, spent
fertilizer and pesticides to ensure that the trees would bear fruits. The
trees bore fruits. Who is entitled to the fruits? A is entitled to the fruits.

141. What is a usufruct? A usufruct is the right to enjoy the use and
fruits of a thing belonging to another

Art. 1190 provides:

“When the conditions have for their purpose the extinguishment

………….”

1st and 2nd par. of Art. 1190 contemplates of reciprocal resolutory conditional
obligation to give a specific/determinate thing, wherein upon the happening of
the condition, the parties shall return to the other what each party has
received, and before the happening of the event/condition, there is
improvement, loss or deterioration of the specific/determinate thing.

142. What are the requirements in order that the 1 st and 2nd par. of Art.
1189 could be applied?
(a) The obligation is a real obligation
(b) It is a reciprocal obligation
(c) The obligation is a specific or determinate thing
 (d) The obligation is subject to a resolutory condition
(e) Each party has the duty to return to the other what he/she has
received
(f) The condition is fulfilled
(g) There is loss, deterioration, or improvement before the happening
of the condition

Same rule as Art. 1189

143. What is the rule when the thing is loss or it deteriorated through
the debtor’s fault?

Loss
 liable for damages

Deteriorates
 creditor may choose rescission
 fulfilment of the obligation with damages

144. What is the rule when the thing is loss or it deteriorated without the
debtor’s fault?

Loss
 Obligation is extinguished

Deteriorates
 Impairment will be borne by the creditor

145. What is the rule when the thing is improved by its nature or by
time? The improvement shall inure to the benefit of the creditor

146. What is the rule when the thing is improved by at the expense of
the debtor? The debtor has no right than that granted to the
usufructuary

3rd par. of Art. 1190 contemplates of reciprocal resolutory conditional

obligation to do and not to do

147. What are the requirements in order that the 3 rd par. of Art. 1189
could be applied?
(a) The obligation is an obligation to do or not to do (personal
obligation)
(b) The obligation is subject to a resolutory condition
(c) The condition is fulfilled

2nd par of Art. 1187 shall apply to the 3rd par. of Art. 1190
 Art. 1191 provides:

“The power to rescind obligation is implied in reciprocal ones, in

case one of the obligor ……………..”

Art. 1191 contemplates of reciprocal obligation where one (1) or the

parties failed to comply with his/her obligation