Article 1165

When what is to be delivered is a determinate things, 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 fortuitous event until he has effected the delivery.

Kapag kung ano ang upang maihatid ay isang maliwanag na bagay, ang pinagkakautangan , bilang karagdagan sa kanan ipinagkaloob sa kanya ng Article 1170, maaaring pilitin ang may utang upang gawin ang paghahatid.

Kung ang bagay ay hindi tiyak o generic , maaari niyang hilingin na ang obligasyon na nakasunod sa sa kapinsalaan ng ang may utang .

 Kung ang obligor pagkaantala, o ipinangako upang maihatid ang parehong bagay sa dalawa o higit pang mga tao na hindi magkaroon ng parehong interes , siya’y magiging responsable para sa di-inaasahang pangyayari hanggang sa siya ay maapektuhan ang paghahatid.

 Yu Tek v. Gonzales

Facts: A obligated himself to sell for a definite price a certain specified quantity of sugar of a given quality, without designating a particular lot.

Issue: In case the sugar is lost by a fortuitous event, who bears loss prior to delivery, the seller or the buyer?

Held: In this case, the seller bears the loss because what was delivered was not a specific thing, but a generic thing. And genus never perishers. Incidentally, the sale here cannot be said to have been already perfected because of the lack of physical segregation from the rest of the sugar.

Article 1173

The fault or negligence of the obligor 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. When negligence shows bad faith, the provisions of Articles 1171 and 2201, paragraph 2, shall apply.

If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required.

 Ang kasalanan o kapabayaan ng obligor ay binubuo sa pagkukulang ng na sipag na kung saan ay kinakailangan sa pamamagitan ng likas na katangian ng obligasyon at tumutugma sa mga pangyayari ng mga tao, ng oras at ng lugar. Kapag kapabayaan ay nagpapakita masamang hangarin, ang mga probisyon ng Artikulo 1171 at 2201, talata 2 , ay dapat mag-apply.

Kung ang batas o kontrata ay hindi ipinapahayag na kung saan ay na-obserbahan sa pagganap, na kung saan ay inaasahan ng isang mahusay na ama ng isang pamilya ay dapat atasan .

 Far East Bank and Trust Co. v. Estrella O. Querimit

Facts: Respondents filed a complaint against petitioner bank and certain officials of the latter, alleging that the they refused to allow her to withdraw her time deposit evidenced by four certificates of deposit in the total amount of $60,000. The trial court ordered petitioner-bank and its officials to allow respondent to withdraw her time deposit plus accrued interests. The Court of Appeals (CA) affirmed the decision of the trial court with the modification that petitioner-bank was solely liable because the latter has a personality separate from its officers and stockholders. On appeal, the Supreme Court affirmed the CA.

Held: Petitioner-bank failed to prove that it had already made payment considering that the subject certificates of deposit were still in the possession of the depositors. The principle that payment, in order to discharge a debt, must be made to someone authorized to receive it is applicable to the payment of certificates of deposit. Petitioner should, thus, not have paid respondent’s husband or any third party the amount of the time deposit without requiring the surrender of the certificates of deposit. Laches would also not defeat respondent’s claim as she did not withdraw her deposit because she relied on petitioner bank’s assurance that the interest would accumulate annually even after maturity of the time deposit and she set aside the money therein for the retirement.

Article 1157

Obligation arise from:

• Law;
• Contracts;
• Quasi-Contracts;
• Act or omissions punished by law; and
• Quasi-delicts

Ang obligasyon ay maaaring manggaling:

1. Batas;
2. Kontrata;
3. Quasi-Kontrata
4. Kilos o kilos na masama na pinaparusahan ng batas; at
5. Quasi-delicts

Sources of Obligations

1. Law (obligation ex lege)-like the duty to pay taxes and to support one’s family.
2. Contracts (obligation ex contractu) – like the duty to repay a loan by virtue of an agreement.
3. Quasi-contracts (obligations ex quasi-contractu) – like the duty to refund an “over change” of money because of the quasi-contract of solution indebiti or “undue payment.”
4. Crimes or Acts of Omissions Punished by Law (obligations ex maleficio or ex delicto) – like the duty to return a stolen carabao.
5. Quasi-delicts or Torts- (obligation ex quasi-delicto or ex quasi-maleficio)- like the duty to repair damage due to negligence.