Questions: 

What is the difference between specific/determinate things from generic/indeterminate thing?

- In contrast, indeterminate or generic thing is the opposite of determinate or specific thing;

that is, generic or indeterminate thing is not particularly designated or physically segregated
from all others of the same class. It means that a thing cannot be specifically determined from
things of the same class. The thing can be replaced by another thing that is of the same
quality. Examples: a horse, a motorcycle, a sack of rice, a car, and USD 100, 000.

2. What are the obligations of person obliged to deliver specific/determinate thing? (Article
1163, 1164, 1166, 1170 and 1246)

- An obligation to deliver a determinate thing as a general rule is extinguished if the thing is lost
due to fortuitous events.

A. To deliver the thing itself.

B. To preserve the thing. (Article 1163)

C. To deliver the fruits of the thing. (Article 1164)

D. To deliver the accessions and accessories. (Article 1166)

E. To answer for damages in case of non-fulfilment or breach. (Article 1170)

3. What are the obligations of person obliged to deliver generic/indeterminate thing? (Article
1246)

- An obligation to deliver an indeterminate or generic thing is not extinguished by fortuitous

events. 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.

A. To deliver a thing which is the quality intended by the parties taking into consideration the
purpose of the obligation and other circumstances. (Article 1246)
4. Enumerate and explain the grounds for liability to pay for damages? (Articles 1170, 1173, and
1169)

GROUNDS FOR LIABILITY:  

A. FRAUD (Deceit or Dolo)

  - The kind of fraud contemplated under Article 1170 is incidental fraud (dolo incidente) which
is committed in the performance of an obligation already existing.

B. NEGLIGENCE (Fault or Culpa)

  - It consists in the omission of that diligence which is required by the nature of the obligation
and corresponds with the circumstances of the person of the time and of the place.  (Article
1173)

C.  DELAY (or Mora)

  - The kind of delay contemplated under Article 1170 is legal delay or the failure to perform an
obligation on time which failure constitutes a breach of the obligation. Those obliged to deliver
or to do something incur in delay from the time the obligee judicially or extra judicially
demands from them the fulfilment of their obligation. (Article 1169)

 Three (3) kinds of delay:

     1. Mora solvendi- the default on the part of the debtor/obligor.

     2. Mora Accipiendi- the default on the part of the creditor/oblige.

     3.  Compensatio morae- the default on the part of both the debtor/obligor and
creditor/obligee which arises in reciprocal obligations the effect is the default of one party
neutralizes the default of the other.

D. Contravention of the terms of the obligation 

  - It is the violation of the terms and conditions stipulated in the obligation. 

5. What are the rules in case an object is lost or damaged due to fortuitous event, particularly
as to the liability of the debtor in an obligation?  Give specific examples for your answers.  (Article
1174 related to Article 1189)

(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 the assumption of risk, no person shall be
responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.
(1105a)

(Article 1189) When the conditions have been imposed with the intention of suspending the efficacy of
an obligation to give, the following rules shall be observed in case of the improvement, loss or
deterioration of the thing during the pendency of the condition:

(1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished;

(2) If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is
understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way
that its existence is unknown or it cannot be recovered;

(3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the
creditor;

(4) If it deteriorates through the fault of the debtor, the creditor may choose between the rescission of
the obligation and its fulfilment, with indemnity for damages in either case;

(5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the
creditor;

(6) If it is improved at the expense of the debtor, he shall have no other right than that granted to the
usufructuary. (1122)

Examples:
A. Bryan is obliged to give Anne either earrings or a diamond ring or a bracelet. If the earrings and
diamond ring are lost by a fortuitous event before choice can be made, Bryan can deliver only
the bracelet, because the obligation has become a simple one. If later, the bracelet is also
destroyed by a fortuitous event, the obligation is extinguished, and Bryan would not be liable in
any way.
B. A college binds itself to admit a student to a course leading to either: AB in English or BSEd
Major in English. The college must completely perform one of these.
C. (Article 1200) The right of choice belongs to the debtor, unless it has been expressly granted to
the creditor. The debtor shall have no right to choose those prestations which are impossible,
unlawful or which could not have been the object of the obligation.
A is bound to give B a pack of Shabu, or a bottle of milk taken from a goat, or a particular
cigarette case, or a particular fountain pen. A cannot choose the first, because this would be
unlawful; nor the second, because this is impossible. A can, therefore, choose only between the
third and the fourth.