Article 1163
---------------------------------------------------------------------------------------------------------------------Every person obliged to give something is also obliged to take care of it with
the proper diligence of a good father of a family, unless the law or the
stipulation of the parties requires another standard of care.
---------------------------------------------------------------------------------------------------------------------“Something” in the above provision refers to an obligation involving
a specific or determinate thing.
A specific or determinate thing is a particularly designated or physically
segregated thing from others of the same class.
Examples:
-the watch I am wearing
-the car sold by X
-my dog named “Brownie”
-a car with plate number BBV 365
The debtor cannot substitute a determinate thing with another although the
latter is of the same kind and quality without the consent of the creditor.
A generic or indeterminate thing refers only to a class or genus to which it
pertains and cannot be pointed out with particularity.
Examples:
-a 2004 Mitsubishi car
-a cavan of rice
-the sum of Php 2000.00
-a Samsung cellphone