4 – NATURE AND EFFECT OF OBLIGATIONS (2)
--------------------------------------------------------------------------------------------------------------------Article 1166. The obligation to give a determinate thing includes that of delivering all its
accessions and accessories, even though they may not have been mentioned.
--------------------------------------------------------------------------------------------------------------------Meaning of accessions and accessories:
1. Accessions are the fruits of a thing or additions to or improvements upon a thing (the
principal).
Example:
House or trees on a land; rents or a building; air-conditioner in a car; profits or dividends
accruing from shares of stocks, etc.
2. Accessories are things joined to or included with the principal thing for the latter’s
embellishment, better use, or completion.
Example:
Key of a house; frame of a picture; bracelet of a watch; machinery in a factory; bow of a
violin
Note: While accessions are not necessary to the principal thing, the accessory and the principal
thing must go together.
Right of creditor to accessions and accessories:
The general rule is that all accessions and accessories are considered included in the obligation to
deliver a determinate thing although they may not have been mentioned.
Unless otherwise stipulated, an obligation to deliver the accessions or accessories of a thing does
not include the latter.
--------------------------------------------------------------------------------------------------------------------Article 1167. If a person obliged to do something fails to do it, the same shall be executed at his
cost.
The same rule shall be observed if he does it in contravention of the tenor of the obligation.
Furthermore, it may be decreed that what has been poorly done be undone.
--------------------------------------------------------------------------------------------------------------------Article 1167 refers to an obligation to do, i.e., to perform an act or render a service. It
contemplates three situations:
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1. The debtor fails to perform an obligation to do;
2. The debtor performs an obligation to do but contrary to the terms thereof; or
3. The debtor performs an obligation to do but in poor manner.
Remedies of creditor in positive personal obligation:
1. If the debtor fails to comply with his obligation to do, the creditor has the right to:
a. to have the obligation performed by himself, or by another, unless personal
considerations are involved, at the debtor’s expense; and
b. to recover damages (Article 1170)
2. In case the obligation is done in contravention of the terms of the same or is poorly done, it
may be ordered (by the court upon complaint) that it be undone if it is still possible to undo
what was done.
A personal obligation to do, like a real obligation to deliver a generic thing, can be performed by
a third person. While the debtor can be compelled to make the delivery of a specific thing, a
specific performance cannot be ordered in a personal obligation to do because this may amount
to involuntary servitude which, as a rule, is prohibited under our Constitution.
Example:
1. X binds himself to construct a house for B. Among other things, it was stipulated that the
house shall have 3 bedrooms, each of which to have an area of 5 meters by 4 meters and that
the kitchen shall be painted all white.
If X does not construct the house, B may ask C to contract the house at the expense of X.
2. Suppose X constructed the house but the size of the bedroom is not 5 meters by 4 meters or the
kitchen is not painted all white.
In this case, B can ask to have it done according to the specifications. If X refuses, the
obligation may be performed by C at the expense of X.
3. Now, if the kitchen was painted white but the painting was poorly done, B may ask X that it be
undone or, in case of X’s refusal, he may ask C to paint the kitchen at the expense of X.
In no case, however, can X be compelled against his will to comply with his obligations should
he refuse to do so.
Where, however, the personal qualifications of the debtor are the determining motive for the
obligation contracted (e.g. to sing in a night club), the performance of the same by another would
be impossible or would result to be so different that the obligation could not be considered
performed. Hence, the only feasible remedy of the creditor is indemnification for damages. But
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where the obligation can still be performed at the expense of the debtor notwithstanding his
failure or refusal to do so, the court is not authorized to merely grant damages to the creditor.
Example:
If the obligation contracted by X is to sing in a concert and he fails to comply with his
obligations, the performance of the same by another would be impossible or would result to be
so different that the obligation could not be considered performed.
Here the personal qualification of X is the determining motive for the contract. In this case, the
only practical remedy of B is indemnification for damages.
--------------------------------------------------------------------------------------------------------------------Article 1168. When the obligation consists in not doing, and the obligor does what has been
forbidden him, it shall also be undone at his expense.
--------------------------------------------------------------------------------------------------------------------Remedies of creditor in negative personal obligation:
In an obligation no to do, the duty of the obligor is to abstain from an act. Here, there is no
specific performance. The very obligation is fulfilled in not doing what is forbidden. Hence, in
this kind of obligation the debtor cannot be guilty of delay.
As a rule, the remedy of the obligee is the undoing of the forbidden thing plus damages.
However if it is not possible to undo what was done, either physically or legally, or because of
the rights acquired by third persons who acted in good faith, or for some other reason, his
remedy is an action for damages caused by the debtor’s violation of his obligation.
Example:
B bought a land from S. it was stipulated that S would not construct a fence on a certain portion
of his land adjoining that sold to B.
Should S construct a fence in violation of the agreement, B can bring an action to have the fence
removed at the expense of S.
Reference: The Law on Obligations and Contracts 2011
by H. S. De Leon and H. M. De Leon, Jr.
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A. R. Sombilla
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