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    Module 1 - Topic No. 1 - Part6

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    Limuel Macasaet
    This document discusses the duty of diligence that an obligor has when they are obligated to deliver a specific, determinated thing. It defines diligence as the level of care required by the nature of the obligation based on the circumstances. It notes that if the law or contract specifies a different standard of care, that standard must be followed. It also summarizes a court case where a person was found liable for negligently ordering a child to climb a dangerous tree, resulting in the child's death.

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    Module 1 - Topic No. 1 - Part6

    Uploaded by

    Limuel Macasaet
    633 views10 pages
    This document discusses the duty of diligence that an obligor has when they are obligated to deliver a specific, determinated thing. It defines diligence as the level of care required by the nature of the obligation based on the circumstances. It notes that if the law or contract specifies a different standard of care, that standard must be followed. It also summarizes a court case where a person was found liable for negligently ordering a child to climb a dangerous tree, resulting in the child's death.

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    Module 1 - Topic No. 1_Part6

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    This document discusses the duty of diligence that an obligor has when they are obligated to deliver a specific, determinated thing. It defines diligence as the level of care required by the nature of the obligation based on the circumstances. It notes that if the law or contract specifies a different standard of care, that standard must be followed. It also summarizes a court case where a person was found liable for negligently ordering a child to climb a dangerous tree, resulting in the child's death.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    633 views10 pages

    Module 1 - Topic No. 1 - Part6

    Uploaded by

    Limuel Macasaet
    This document discusses the duty of diligence that an obligor has when they are obligated to deliver a specific, determinated thing. It defines diligence as the level of care required by the nature of the obligation based on the circumstances. It notes that if the law or contract specifies a different standard of care, that standard must be followed. It also summarizes a court case where a person was found liable for negligently ordering a child to climb a dangerous tree, resulting in the child's death.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 10

    Duty to Exercise Diligence

    This article deals with the first effect of an


    obligation to deliver a determinate thing (as
    distinguished from a generic thing – or one of a
    class) – namely- the duty to exercise proper
    diligence. Unless diligence is exercised, there is a
    danger that the property would be lost or
    destroyed, thus rendering illusory the obligation.
    Diligence Needed
    • That which is required by the nature of the obligation and
    corresponds with the circumstances of person, time, and place.
    This is really diligence of a good father of a family.

    • However, if the law or contract provides for a different standard


    of care, said law or stipulation must prevail.
    Ronquillo, et al. v. Singson
    CA, L-22612-R, Apr. 22, 1959
    FACTS: A man ordered a ten-year-old boy, Jose Ronquillo, to climb a
    high and rather slippery santol tree, with a promise to give him part
    of the fruits. The boy was killed in the act of climbing.

    ISSUE: Is the person who ordered him liable?

    HELD: Yes, in view of his negligent act in making the order. He did
    not take due care to avoid a reasonably foreseeable injury to the
    10y/o boy. The tree was a treacherous one, a veritable trap. His act
    was clearly a departure from the standard of conduct required of a
    prudent man. He should have desisted from making the order. Since
    he failed to appreciate the predictable danger and aggravated
    such negligence by offering part of the fruits as a reward, it is clear
    that he should be made to respond in damages for the actionable
    wrong committed by him.
    Preserve the thing – In
    obligations to give (real
    obligations), the obligor has the
    incidental duty to take care of
    the thing due with the diligence
    of a good father of a family
    pending delivery.
    Factors to be considered. – The
    diligence required necessarily depends
    upon the nature of the obligation and
    corresponds with the circumstances of
    the person, of the time, and of the
    place. (Art. 1173, NCC.) It is not
    necessarily the standard of care one
    always uses in the protection of his
    property. As a general rule, the debtor
    is not liable if his failure to preserve the
    thing is not due to his fault or negligence
    but to fortuitous events or force
    majeure.
    A thing is said to be specific or determinate particularly
    designated or physically segregated others of the same class.

    Examples:
    1. the watch I am wearing
    2. The car sold by X
    3. My dog named “Terror”
    4. the house at the corner of Rizal and del Pilar
    5. the Toyota car with Plate No. AAV 316
    6. this cavan of rice
    7. the money I gave you.
    Specific thing and generic thing
    distinguished.
    • A determinate thing is identified by its individuality. The
    debtor cannot substitute it with another although the
    latter is of the same kind and quality without the
    consent of the creditor.

    • A generic thing is identified only by its specie. The


    debtor can give anything of the same class as long as it
    is of the same kind.
    ART. 1164. The creditor has
    a right to the fruits of the thing
    from the time the obligation to
    deliver it arises. However, he
    shall acquire no real right over it
    until the same has been
    delivered to him. (Art. 1164,
    NCC.)
    Different Kind of fruits
    The fruits mentioned by the law refer to natural, industrial,
    and civil fruits.

    1. Natural fruits are the spontaneous products of the soil, and the
    young and other products of animals.

    Example: Grass; all trees and plants on lands’ produced


    without the intervention of human labor.

    2. Industrial fruits are those produced by lands of any kind through


    cultivation or labor.

    Example: Sugar cane, vegetables; rice; and all products of


    lands brought about by reason of human labor.

    3. Civil fruits are those derived by virtue of a juridical relation.

    Example: Rents of buildings, price of leases of lands and


    other property and the amount of perpetual or life annuities or other
    similar income. (Art. 442, NCC)
    Right of creditor to the fruits
    The creditor is entitled to the fruits of
    the thing to be delivered from the time the
    obligation to make delivery arises. The
    intention of the law is to protect the interest
    of the obligee should the obligor commit
    delay, purposely or otherwise, in the
    fulfillment of his obligation.

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