Villamor, Jeyzeth Euriel S.

If the obligation is a pure obligation or one

BPA 4A whose performance is not subject to a
suspensive period or suspensive condition
the obligation to deliver it arises from
The Law on Obligations and Contracts perfection.
D. When the obligation to deliver the
Article 1164 thing arises
The creditor has a right to the fruits of the If the obligation is subject to a suspensive
thing from the time the obligation to deliver period or condition, the obligation to deliver
it, arises. However, he shall acquire no real arises upon the arrival of the term or upon
right over it until the same has been the fulfillment of the condition.
delivered to him.
Article 1165
Discussion:
When what is to be delivered is a
A. Kinds of Fruits determinate thing, the creditor, in addition to
 Natural Fruits the right granted him by Article 1170, may
 Industrial Fruits compel the debtor to make the delivery.
 Civil Fruits If the thing is indeterminate or generic, he
B. When creditor has a right to the fruits may ask that the obligation be complied with
of a determinate thing at the expense of the debtor.

The creditor has a right to the fruits of the If the obligor delays, or has promised to
thing from the time the obligation to deliver, deliver the same thing to two or more
arises. However, he shall acquire no real persons who do not have the same interest,
right over it until the same has been he shall be responsible for any fortuitous
delivered to him. event until he has effected the delivery.

Personal Right – also known as jus in Remedies of the Creditor

personam or jus ad rem 1) If the debtor fails to perform his obligation
 A right that may be enforced by one to deliver a determinate thing
person on another such as the right  To compel the debtor to make the
of the creditor to demand the delivery (Art 1165)
delivery of the thing and its fruits  To demand damages from the
from the debtor debtor (Art 1170)
Real Right – also called jus in re 2) If the debtor fails to perform his obligation
 right or interest of a person over a to deliver a generic thing
specific thing (like ownership,  To ask that the obligation be
possession, mortgage, lease record) complied with at the expense of the
which is a right enforceable against debtor (Art 1165)
the whole world.  To demand damages from the
C. When the obligation to deliver the debtor (Art 1170)
thing arises Article 1166
The obligation to give a determinate thing Article 1168
includes that of delivering all its accessions
When the obligation consists in not doing,
and accessories, even though they may not
and the obligor does what has been
have been mentioned.
forbidden him, it shall also be undone at his
Accessions – are the fruits of, or additions expense.
to, or improvements upon, a thing. Profits or
If the debtor does what has been forbidden
dividends accruing from shares of stocks.
to him
Example:
 The creditor may demand what has
a. House or trees on a land been done be undone
 He may also demand damages from
b. Whatever that is built on a part of a land
the debtor (Art 1168)
Accessories - are things joined to, or
Article 1169
included with, the principal thing for the
latter’s embellishment, better use, or Those obliged to deliver or to do something
completion. incur in delay from the time the obligee
judicially or extra-judicially demands from
Example:
them the fulfillment of their obligation.
a. Keys to a car or a house
However, the demand by the creditor shall
b. Bracelet of a wristwatch not be necessary in order that delay may
exist:
Note: The principle follows the principal.
The word delay, as used in the law, is the
Article 1167 non-fulfillment of an obligation with respect
If a person obliged to do something fails to to time.
do it, the same shall be executed at his a) Mora solvendi - delay on the part of the
cost. debtor
This same rule shall be observed if he does  mora solvendi ex re - delay in real
it in contravention of the tenor of the obligations
obligation. Furthermore, it may be decreed  mora solvendi ex persona - delay in
that what has been poorly done be undone. personal obligations
Remedies of the Creditor b) Mora accipiendi - delay on the part of the
1) If the debtor fails to perform his creditor
obligation in obligations to do c) Compensatio morae - delay in reciprocal
2) If the obligor failed to fulfill a positive obligations
personal obligation that is, “to do”
something. Article 1170
3) If the debtor fails to perform his
Those who in the performance of their
obligation in obligations to do
obligations are guilty of fraud, negligence, or
 If the debtor fails to perform the
delay, and those who in any manner
obligation or performs it but
contravene the tenor thereof, are liable for
contravenes the tenor thereof
damages.
 If the debtor performs its obligation
but does it poorly.
Fraud – is the deliberate or intentional
evasion by the debtor of the normal
compliance of his obligation.
Fraud in obtaining consent
Causal fraud/dolo causante - a deception
used by one party prior to or simultaneous
with the contract, in order to secure the
consent of the other.
According to Meaning:
1) Fraud in obtaining consent
Incidental fraud/dolo incidente
2) Fraud in the performance of the
obligation
Article 1171
Responsibility arising from fraud is
demandable in all obligations. Any waiver of
an action for future fraud is void.
According to the time of commission, fraud
may be past or future. A waiver of an action
for future fraud is void (no effect, as if there
is no waiver) as being against the law and
public policy. (Art. 1409[1].)
A contrary rule would encourage the
perpetration of fraud because the obligor
knows that even if he should commit fraud
he would not be liable for it thus making the
obligation illusory.