Civil Code Art. 1263: Extinguishment

Statute: Civil Code
Article: Art. 1263
Topic: Extinguishment of Obligations
Status: In force
Book: BOOK IV Obligations and Contracts
Title: TITLE I Obligations
Chapter: CHAPTER 4 Extinguishment of Obligations
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation. (n)

Intellegal Wiki · In plain terms

When the duty is to deliver a generic thing (something defined only by kind, like a quantity of rice), the loss or destruction of a particular batch does not release the debtor. Because other items of the same kind still exist, delivery is still owed—the kind itself does not perish.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Gaisano Cagayan v. Insurance Company of North America G.R. No. 147839
Gan Tingco v. Silvino Pabinguit G.R. No. 10439

Related provisions in this Chapter

Civil Code, Art. 1261 Extinguishment of Obligations
Civil Code, Art. 1265 Extinguishment of Obligations
Civil Code, Art. 1266 Extinguishment of Obligations
Civil Code, Art. 1260 Extinguishment of Obligations
Civil Code, Art. 1259 Extinguishment of Obligations
Civil Code, Art. 1267 Extinguishment of Obligations
Civil Code, Art. 1258 Extinguishment of Obligations

Civil Code, Art. 1263 is found in CHAPTER 4 Extinguishment of Obligations of TITLE I Obligations of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.