Notes

hi this is Joshua Kerbie Marquez, and I will be discussing the Article 1165 of the Civil Code of the Philippines. When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery.

so here in Article 1165, binibigyan si creditor ng mga remedies or pamamaraan kung paano nya maisosolve yung mga problems nya in Real Obligations.

So there, iisa isahin natin 'tong 3 bullets na to para mas lalo nating maintindihan and now let's start with the first bullet.

"When what is delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery."
Demand specific performance or fulfillment, Demand recission or cancellation with right to damages, Demand payment of damages (if this is the only feasible remedy)
so in here, we are talking about the specific thing. and ang isinasaad dito if the debtor did not deliver a specific thing to his creditor in due time, the creditor has right to compel or iforce yung debtor to deliver that specific thing or binibigyan ng rights ang creditor in provision of article 1165 na yun nga, icompel or iforce si debtor to make the delivery if the thing involved is specific thing and alam nyo naman specific thing dba, nadiscuss kanina. Plus, the creditor also has the rights to demand the payment of damages from debtor.

for example, Kanye is obliged to deliver a specific car to Taylor on July 14, 2024. If Kanye fails to deliver the car on due date, Taylor has the right to compel Kanye to make the delivery and to pay damages.

next bullet, "If the thing is indetermined or generic, he may ask that the obligation be complied with the expense of the debtor"
Ask for delivery or fulfillment (with damages relation to Art. 1170), Ask a third person to fullfill the obligation with right to damages. dito naman, we are talking about the generic thing. in here, creditor also has rights to compel the debtor to make the delivery, and the damages and if the generic thing loss, the creditor can still compel the debtor to make the delivery since marami naman pwedeng maging substitute ung generic thing dahil nga generic ito. dito, pwede ring actually na si creditor mismo ang gumawa or magpagawa sa iba or sa third person but ang mgshoshoulder ng expenses ay si debtor.

now let's proceed to loss due to fortuitous event of the specific thing. as a rule, the loss of the things due by reason of fortuitous events extinguish the obligation based on article 1174 however, they shall be liable in the following cases. first when the debtor is guilty of delay. next, if the debtor has promised to deliver the same thing to two or more persons who do not have the same interest.

Let's give an example of each for you to understand.
example no.1 "When the debtor is guilty of delay"
=Jelyn is obliged to deliver a specific horse to Kurtey on November 1, 2024. on Due date, Kurtey demanded the delivery of the horse, but Jelyn failed to comply. On November 7, 2024, the horse was struck and killed by lightning while still in Jelyn’s possession.
- Since Jelyn was in the fault, she shall be liable for damages to kurtey, although the cause of the loss was a fortuitous event.
here's the example no. 2.
=On January 4, 2024, James obliged himself to deliver a specific piano to Betty on August 3, 2024. Two days later, however, James also promised to deliver the same piano to Augustine on September 3, 2024. On January 25, 2024, the piano was lost in a fire through no fault of James.
- In this case, James shall be liable for damages to both Augustine and Betty even though the loss of the piano was not his fault because the piano was still his possession.

and thats all for my part let's proceed to the reporter.