Article 1262

An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay.
When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall be responsible for damages. The same rule applies when the nature of the obligation requires the assumption of risk. (1182a)


Kung sakali’t ang obligasyon ay nauukol sa tukoy na bagay ang mga ito ay mawawalang bisa kung ito ay nasira ng walang kinalaman ang umutang at hindi lumampas sa takdang panahon ang kabayaran.
Kung sakalit nakasaad sa kasulatan na kahit dumating man ang hindi inaasahang pangyayari ay kailangan bayaran ang inutang kahit nasira man o mawala ang kabayaran. Babayaran ng umutang ang bagay na kabayaran kahit anuman ang mangyari.

Article 1263

In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation. (n)

Sa obligasyon na ihatid ang isang panlahat (Generic) na uri ng bagay, ang pagkawala o ang pagkasira ng ano mang magkaka- uri ay hindi tumatapos ng obligasyon.

Discussion:

This Article is based from the principle that “genus never perish” (genus nunguan perit). The debtor can still be compelled to deliver a thing of the same kind. The creditor, however, cannot demand a thing superior quality neither that a debtor deliver a thing of inferior quality.

If a generic thing is delimited, that is, where there has been limitation of the generic object to a particular group of things, the obligation is extinguished  by the loss of that particular group from which the the prestation has to be taken. [ill. Jane, the obligor has committed to deliver half ton of banana from her lakatan banana tree, but the harvest was damaged by a pest. All the trees and growing fruits were destroyed. he obligaton is extinguished. In effect when the banana had been particularized, the object of the obligation become determinate. Their loss extinguishes the obligation.]

Case Illustration: Bunge Corporation and Universal Commercial Agencies vs. Elena Camenforte and Company

 

Article 1264

The courts shall determine whether, under the circumstances, the partial loss of the object of the obligation is so important as to extinguish the obligation. (n)

Ang Korte ang magsasaalam kung, sa ilalim ng mga pangyayari, ang bahagi na pagkawala ng bagay ng obligasyon ay mahalaga upang tuluyan na mawala na ang obligasyon.

Illustration:

James is obliged himself to deliver to Jake a specific race horse. The horse met an accident as a result of which it suffered a broken leg. The injury is permanent. Here, the partial loss is so important as to extinguish the obligation.

If the loss is due to the fault of James, he shall obliged to pay the value of the horse with indemnity for damages.

If the horse to be delivered is to be slaughtered by Jake, the injury is clearly not important. Even if there was fault on the part of James, he can still deliver the horse with liability for damages, if any, suffered by Jake.