Hello and good day. Let us continue the discussion in Nature and Effect of Obligations. This is actually part two of the Nature and Effect of Obligations.
Obligations of one obliged to give a determinate thing. Recall na ang obligation to give ay tinatawag din na real obligation. Since dito ang obligation ay obligation to give a determinate thing, this is otherwise known as specific or determinate real obligation.
So what are the obligations of one obliged to give a determinate thing? First, to take good care of the thing with the diligence of a good father of a family unless the law or agreement of the parties requires another standard of care. This is Article 1163 of the New Civil Code of the Philippines. Second, to deliver the thing.
This is... Article 1163 of the New Civil Code of the Philippines. Third, to deliver the fruits of the thing. This is Article 1164 of the New Civil Code of the Philippines.
And fourth, to deliver its accessions and accessories even if they have not been mentioned. This is Article 1166 of the New Civil Code of the Philippines. I will explain each obligation one by one.
The first obligation of one obliged to give a determinate thing is to take good care of the thing with the diligence of a good father of a family unless the law or agreement of the parties requires another standard of care. It says here, diligence of a good father of a family. Hindi sinabing Good diligence of a father of a family, hindi rin sinabing diligence of a father of a good family. Ang sinabi dito, diligence of a good father of a family. When we say diligence of a good father of a family, this means the ordinary care that an average person exercises in taking care of his property.
In other words, kapag sinabing diligence of a good father of a family, ito yung ordinary care or ordinary diligence. So, ang general rule is to take good care of the thing with the diligence of a good father of a family. That is the general rule.
Pero meron tayong exceptions to the rule. Una, Law requires another standard of care. At pangalawa, the agreement of the parties requires another standard of care. Unahin natin yung first exception, law requires another standard of care.
This is a case where the debtor or obligor in obligation to give must observe a higher standard of care than ordinary diligence or diligence of a good father of a family because a specific law provides. Di ba ang general rule? Ang ibibigay ng detor or obligor ay ordinary care or ordinary diligence.
Pero kapag sinabi sa batas na ganito yung care na ibibigay ng detor or obligor, then... The debtor or obligor must observe a higher standard of care. Next, the agreement of the parties requires another standard of care. This is a case where the debtor or obligor and the creditor or obligee agree on a higher standard of care which is higher than the ordinary diligence or diligence of a good father of a family. Diba ang general rule, ang ibibigay or ang ititake na care ng debtor or obligor ay ordinary care or ordinary diligence.
Pero kapag may pinag-usapan ang debtor at creditor when it comes to a higher standard of care, then the debtor must observe that higher standard of care. Again, the general rule is to take good care of the thing with the diligence of a good father of a family. Exemptions to the rule.
The law requires another standard of care. Or the agreement of the parties requires another standard of care. The second obligation of one obliged to give a determinate thing is to deliver the thing.
This involves placing the thing in the possession or control of the creditor either actually or constructively. It says here either actually or constructively, meaning to say there are two kinds of delivery. The first kind is called actual delivery and the second kind is called constructive delivery. Kapag sinabing actual delivery, this is the act of giving real and immediate possession to the creditor.
Meaning to say, there is an actual transfer of the thing. For example, S, the seller, entered into a contract of sale with B, the buyer, involving a particular cell phone. The giving by S to B of that particular cell phone is actual delivery.
Of course, the cell phone is movable, so the debtor can actually transfer that particular cell phone to B. And of course, B, as the creditor, immediately possesses that particular cell phone. On the other hand, constructive delivery is an act that amounts to a transfer of title by operation of law when actual transfer is impractical or impossible.
Meaning to say, the constructive delivery is the delivery by operation of law. For example, S sold to B a particular parcel of land. They went to another republic to assist them. in the execution of a contract of sale. Such execution of a public instrument was done through constructive delivery.
Of course, the land that is not movable. Actual transfer is impossible because the land is immovable. It doesn't move from one place to another. That's why here, since actual transfer is impossible, The execution of a public instrument was done through constructive delivery.
The third obligation of one obliged to give a determinate thing is to deliver the fruits of the thing. Here, in number three, we will talk about kinds of fruits. When creditor has a right to the fruits of a determinate thing, When obligation to deliver the thing arises and rights of the creditor.
Let's first look at the kinds of fruits. There are three kinds of fruits and they are first, natural fruits, second, industrial fruits, and third, civil fruits. Natural fruits are the spontaneous products of the soil and the young and other products of animals.
This is Article 442 of the New Civil Code of the Philippines. Para makonsider yung fruits or maklassify yung fruits as natural fruits, dapat walang intervention of human labor. But take note, there is an exception. For the young and other products of animals, they are natural fruits even with the intervention of human labor.
Let me give you examples of natural fruits first. The trees that grow naturally on the soil without the intervention of human labor. Here in this example, yung trees kusa na lang tumubo. Hindi siya tinanim ng Another example, the colt delivered by a mare.
Yung mare, yan yung adult female horse. At yung anak niya, na lalaki, yan yung tinatawag na colt. Colt is actually the young male horse. Next, eggs and cheeks of a chicken. Itong colt delivered by a mare and eggs and cheeks of a chicken, these are considered as natural fruits even with the intervention of human labor.
Meaning to say, with or without the intervention of human labor, itong eggs and cheeks of a chicken at colt delivered by a mare are considered natural fruits. Next, industrial fruits. Industrial fruits refer to those produced by land of any kind through cultivation or labor.
That means sa industrial fruits meron ng intervention of human labor. Examples of industrial fruits are first rice, corn, and other crops produced through the intervention of human labor. labor. Of course, yung rice, corn, and other crops, hindi naman basta-basta tutubo yan.
There should be persons who will plant the rice, corn, and other crops. Next, vegetables such as cabbage, potatoes, tomatoes, and others produced by lands through cultivation or labor. These vegetables don't grow naturally.
And because they don't grow naturally, they are considered to be industrial fruits. Next, civil fruits. Civil fruits refer to fruits which are the result of a juridical relation.
Examples are rent of a building, price of lease of land and other property, and the amount of perpetual or life annuities. Next, when creditor has a right to the fruits of a determinate thing. Kailan magkakaroon ng right ang creditor sa fruits of a determinate thing? The creditor has the right to the fruits of a thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the thing has been delivered to him.
This is Article 1164 of the New Civil Code of the Philippines. So kailan may write ang creditors sa fruits of a determinate thing from the time the obligation to deliver it arises? Yun nga lang, hanggat hindi pa na-deliver yung determinate thing, Sa kreditor, wala pa siyang real right.
Ang meron lang siya na right ay personal right. Pero wala pa siyang real right hanggat hindi pa na-deliver sa kanya yung determinate thing. Mamaya, ididiscuss ko yung personal right at real right. Next, when obligation to deliver the thing arises. First, if the obligation is a pure obligation or one whose performance is not subject to a suspensive period or suspensive condition, the obligation to deliver arises from perfection.
Kapag sinabing pure obligation, ito yung obligation na walang term or condition. This is the obligation without a term or condition. Kapag sinabing suspensive period, this is a period the arrival of which will give rise to an obligation. That means, kapag nag-arrive yung period, magkakaroon ng obligation. Kapag sinabi namang suspensive condition, This is a condition, the happening of which will give rise to an obligation.
That means, kapag nafulfill yung condition, magkakaroon ng obligation. Kapag yung obligation is a pure obligation, the obligation to deliver arises from perfection. Let me give you an example. I promise to give you 10,000 pesos. This is an example of a pure obligation.
Why? Because there is no term and no condition. And because there is no term to wait for and no condition to fulfill, I have an obligation to give you 10,000 pesos. Next, if the obligation is subject to a suspensive period or suspensive condition, the obligation to deliver arises upon the arrival of the term or upon the fulfillment of the condition.
Again, The suspensive period is the period, the arrival of which will give rise to an obligation. That means, kapag nag-arrive yung period, magkakaroon ng obligation. Yung suspensive condition naman, this is a condition, the happening of which will give rise to an obligation. That means, kapag na-fulfill yung condition, magkakaroon ng... obligation.
Kapag yung obligation daw ay subject sa suspensive period or suspensive condition, the obligation to deliver arises upon the arrival of the term or upon the fulfillment of the condition. Let me give you an example. D is obliged to give C a specific car on Christmas day next year.
Yung Christmas Day next year, yan yung tinatawag natin na Suspensive Period. Kasi nga diba, kapag sinabing Suspensive Period, ito yung period na kung saan kapag nag-arrive, magkakaroon ng obligation. Since the Suspensive Period is Christmas Day next year, the obligation to deliver arises only on the arrival of such date.
That means si D magbibigay siya kay C ng specific car on the arrival of Christmas Day next year. Another example, D is obliged to give C a specific car if C passes the CPA examination. Yung phrase na if C passes the CPA examination. Yan yung tinatawag natin na suspensive condition. Kasi nga, di ba, kapag sinabing suspensive condition, ito yung condition, the happening of which will give rise to an obligation.
That means, kapag na-fulfill yung condition, magkakaroon ng obligation. Therefore, the obligation to deliver arises only upon the fulfillment of such condition. Meaning to say, may obligation si D na ibigay yung specific car kay C kapag nakapasa si C sa CPA examination.
Next, rights of the creditor. Merong dalawang rights ang kreditor at yung dalawang rights na yon ay personal right at real right. Kapag sinabing personal right, this is a right that may be enforced by one person on another, such as the right of the creditor to demand the delivery of the thing and its fruits from the debtor. This is also called whose in personam or whose adren. Kapag sinabi namang real right, This refers to the right or power over a specific thing, such as possession or ownership, which is a right enforceable against the whole world.
This is the right acquired by the creditor over the thing and its fruits when they have been delivered to him. This is also called hus in re. In other words, kapag sinabing personal right, this is the right. enforceable against one person or another person. Kapag sinabi namang real right, this is a right enforceable against the whole world.
Kapag hindi pa na-deliver yung thing at yung fruits of the thing, ang meron lang na right ang kreditor ay personal right. Pero kapag na-deliver na yung thing at yung fruits of the thing, meron ng real right si creditor. Let me give you an example.
On January 1, 2018, X agreed with Y to deliver and transfer ownership to Y, his only parcel of land, on January 14, 2018. This means that before January 14, 2018, Y had only personal right against X. Why? Because before January 14, 2018, the thing was not delivered.
Which is the only parcel of land of X. But upon delivery on January 14, 2018, Y had a real right that is enforceable against the whole world. Meron na siyang real right kasi nga na-deliver na yung only parcel of land of X kay Y.
Next, the fourth obligation of one obliged to give a determinate thing is to deliver its accessions and accessories even if they have not been mentioned. This is Article 1166 of the New Civil Code of the Philippines. At this point, we need to define accessions and accessories.
Kapag sinabing accessions, they include everything that is produced by a thing. or is incorporated or attached thereto either naturally or artificially. This is Article 440 of the New Civil Code of the Philippines.
Ang example ng accessions ay, Whatever is built, planted, or sown on a parcel of land. Ito yung tinutukoy sa everything that is produced by a thing. Yung thing dito is yung parcel of land. Everything na-produce ng parcel of land ay tinatawag na accessions.
Another example is yung alluvium. This is the soil gradually deposited by the current of a river on a river bank. Since malakas at mabilis yung agos ng tubig, the soil is naturally deposited.
And that soil is called as alluvium. On the other hand, kapag sinabing accessories, these are joined to or included with the principal thing for the latter's better use, perfection, or enjoyment. Ang example ng accessories ay keys to a car or a house. Of course, without the keys, hindi magagamit yung car or yung house.
Another example, the bracelet of a wristwatch. Yung principal thing dito ay yung wristwatch at yung accessory ay bracelet. Imagine kung yung wristwatch wala siyang bracelet. The bracelet is actually for the better use of the wristwatch. Let me give you an example of the fourth obligation of one obliged to give a determined thing.
If D binds himself to deliver a laptop to C, he should deliver the laptop and its charger. Of course, laptop yan kapag na lowbat, kailangan niya ng charger. So kahit hindi na mention yung charger, kung ang obligation niya is mag-deliver ng laptop, included yung charger.
Take note, the principle is accessory follows the principle. Ang principle natin dito ay yung laptop. At yung accessory ay yung charger.
So, the charger follows the laptop. Pero kapag ang obligation ni D ay mag-deliver ng charger kay C, of course, ang obligation niya lang ay to deliver the charger. Hindi kasama ang laptop.
Because the principle is accessory follows the principle. Not the principle follows the accessory.