Frequently Asked Questions – Articles 1163-1178

1. What are accessions?

- Accessions are the fruits of a thing, or something added or improved to a personal property.
As stated in Article 440 of the Civil Code of the Philippines, accession is the right by virtue of
which the owner of a thing becomes the owner of everything which is produced thereby, or
which is incorporated or attached thereto, either naturally or artificially.

2. What are accessories?

- Accessories are the things that are joined or attached together as ornaments to the principal
thing, for the latter’s embellishment, better use, or completion.

3. What is the creditor’s right to the accessions or accessories of a determinate thing?

- According to 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.
This is a general rule, of the right of the creditor to accessions and accessories. It is stated on
the principle of law that the accessory follows the principal and there must be a stipulation
to that effect for the accessory to be excluded. Unless otherwise stipulated, an obligation to
deliver the accessions or accessories of a thing does not include the latter.

4. What are the creditor’s right in an obligation to do something?

- As stated in article 1167. If a person obliged to do something fails to do it, the same shall be
executed at his cost. This 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, to perform an act or render a service. The following
three situations are contemplated: (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.
- The creditor has the right to have the obligation performed by himself, or by another person,
unless personal considerations are involved, at the debtor’s expense; and to recover damages,
if the debtor fails to comply with his obligation to do. Also, if in case the obligation is done
in contravention of the terms of the same or is poorly done, it may be ordered that it be
undone if it is still possible to undo what was done.

5. What are the creditor’s right in an obligation not to do something?

- Indicated in 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.
- The obligor must refrain from doing an act if the obligation is not to do. The main obligation
is fulfilled in not doing what is forbidden. Therefore, the debtor cannot be guilty of delay in
this kind of obligation.
- As a rule, the remedy of the obligee is the undoing of the forbidden thing plus damages.
However, if it is impossible to undo what is done, either physically or legally, or because 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.
Frequently Asked Questions – Articles 1163-1178
6. What is delay, default or mora?
- Using the word delay in law is not the same as using it in a common way. Therefore, there is
a distinction between the ordinary delay and legal delay (default or mora) in the performance
of an obligation.
- An ordinary delay is the failure to perform or do an obligation on time. While a legal delay
(default or mora) is a failure to perform or carry out a certain obligation on time which violates
the obligation.

7. What is mora solvendi?

- Mora solvendi is a kind of delay or default by the debtor to fulfill his obligation to give or to
do.

8. What is mora accipiendi?

- Mora accipiendi or the delay on the part of the creditor to accept the performance of the
obligation.

9. What is compensation morae?

- Compensation morae is a delay in reciprocal obligations. The creditor and debtor are in
default. If both of them are in delay, then therefore there is no delay at all.

10. What are the rules on mora, delay, or default?

- The general rule regarding mora, delay or default by the debtor begins only from the time a
demand, judicial or extrajudicial, made by the creditor, for the fulfillment of the former’s
obligation. The effect of default will not arise without such demand. The exceptions are
provided below:
✓ When the obligation so provides.
✓ When the law so provides.
✓ When time is of the essence.
✓ When demand would be useless.
✓ When there is performance by a party in reciprocal obligations.

11. What are the grounds for liability to pay damages in the performance of an obligation?
- Article 1170. Those who in the performance of their obligations are guilty of fraud, negligence,
or delay and those who in any manner contravene the tenor thereof, are liable for damages.
- There are four grounds for liability to pay damages in the performance of an obligation:
➢ Fraud (deceit or dolo) - In Article 1170, Fraud is the deliberate or intentional evasion of
the normal fulfillment of an obligation. As a ground for damages, it implies some kind
of malice or dishonesty, and it cannot cover cases of mere mistake and errors of
judgement made in good faith. It is synonymous to bad faith in that, it involves a design
to mislead or deceive another.
➢ Negligence (fault or culpa) - It is any voluntary act or omission, there being no bad faith
or malice, which prevents the normal fulfillment of an obligation. It is the failure to
exercise the degree of care required by the circumstances.
Frequently Asked Questions – Articles 1163-1178
➢ Delay (mora) - A legal delay (default or mora) is a failure to perform or carry out a certain
obligation on time which violates the obligation.
➢ Contravention of the terms of the obligation - This is the violation of the terms and
conditions stipulated in the obligation without justifiable excuse or reason. The
contravention must not be due to a fortuitous event or force majeure.

12. What is dolo incidente?

- Incidental fraud (dolo insidente) under Article 1170, means committed in the performance of
an obligation already existing because of contract.

13. What is dolo causanti?

- Causal fraud (dolo causante) under Article 1338, means fraud employed in the execution of
contract, which vitiates consent.

14. What is culpa contractual?

- Culpa Contractual (Contractual negligence) is the negligence on the performance of a
contract.

15. What is culpa aquiliana?

- Culpa Aquiliana (tort or quasi-delict) is an act or omission that causes damage to another,
there being no pre-existing contractual relationship or connection between the two parties.

16. What are the rules regarding renunciation of fraud?

- A waiver of an action for future fraud is void, as being against the law and public policy, there
will be no effect if there is no waiver. The opposite rule would encourage the perpetration or
performance of fraud because the obligor knows he would not be liable even if he commits
fraud, thus making the obligation illusory.

17. What is a fortuitous event or caso fortuito?

- Fortuitous event (caso fortuito) means an event which is either impossible to foresee or
though foresee is impossible to avoid or inevitable.

18. What is force majeure?

- Force majeure is an uncontrollable event or unforeseeable circumstances that prevent
someone from fulfilling a contract.

19. What are the effects of fortuitous events in the performance of an obligation?
- Article 1174 clearly states that “Except in cases expressly specified by the law, or when it is
otherwise declared by stipulation, or when the nature of the obligation requires the
assumption of risk, no person shall be responsible for those events which could not be
foreseen, or which though foreseen, were inevitable.”

20. What is accion subrogatoria or subrogatory action?

- Subrogatory action (accion subrogatoria) may go after the debtors (third persons) of the
defendant-debtor, if an action where the creditor whose claims had not been fully satisfied.
Frequently Asked Questions – Articles 1163-1178
21. What is accion pauliana or the right to rescind?
- The right to rescind (accion pauliana) is an action where the creditor files an action in court
for the rescission of acts or cancellations of contracts entered into by the debtor designed to
defraud the former.

22. What are the rules regarding transmissibility of rights by virtue of an obligation?
- According to Article 1178. Subject to the laws, all rights acquired in virtue of an obligation are
transmissible, if there has been no stipulation to the contrary.
- These are the exceptions to the rule:
➢ Prohibited by Law
(a) By the contract of partnership, two or more persons bind themselves to contribute
money, property or industry to a common fund, with the intention of dividing the
profits among themselves. (Art. 1767)
(b) By the contract of agency, a person binds himself to render some service or to do
something in representation or on behalf of another, with the consent or authority
of the latter. (Art. 1868)
(c) By the contract of commodatum, one of the parties delivers to another something
not consumable so that the latter may use the same for a certain time and return
it. Commodatum is essentially gratuitous. (Art. 1933)

➢ Prohibited by stipulation of the parties, like the stipulation that upon the death of the
creditor, the obligation shall be extinguished, or that the creditor cannot assign his credit
to another.