Articles-1167-1170 - Summary PDF

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ART. 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. (1098)Article 1167 refers to a...

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ART. 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. (1098) Article 1167 refers to an obligation to do, i.e., to perform an act or render a service. It contemplates three situations whereas the debtor fails to perform an obligation to do, perform obligation to do but contrary to the terms thereof, and performs an obligation to do but in a poor manner. Here are the remedies of creditor in positive personal obligation: If the debtor fails to comply with his obligation to do, the creditor has the right to have the obligation performed by himself, or by another unless personal considerations are involved, at the debtor’s expense; and to recover damages. In case the obligation is done in contravention of the terms of the same or is poorly done, the court may order (upon complain) that it be undone if it is still possible to undo what was done. If the debtor fails to perform the obligation to do, note that the creditor could ask someone else (a third person) to perform the obligation to do at the expense of the debtor.

ART. 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. (1099a) It pertains to negative personal obligation, or the obligation not to do. Also, to the obligation of the obligor to undo the forbidden act of thing, he may also be made liable for damages caused by doing that which was forbidden.

ART. 1169. Those obliged to deliver or to do something incur in DELAY from the time the obligee judicially or extra-judicially demands from them the fulfillment of their obligation. However, the demand by the creditor shall not be necessary in order that delay may exist:

(1) When the obligation or the law expressly so declares; or (2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or (3) When demand would be useless, as when the obligor has rendered it beyond his power to perform. In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other begins. (1100a) Article 1169 covers the delay--- its meaning, kinds, and its effect. The first sentence of the article states the general rule where the obligor is in delay if the obligee demands already the fulfillment of their obligation but it is also indicated on the latter part that there are situations where we could consider automatic delays even without the demand of the creditor. Meaning of delay For distinction, the ordinary delay is the failure to perform an obligation on time while in law (Art.1169), legal delay or default or mora it is define as the failure to perform an obligation on time which failure, constitutes a breach of the obligation. Kinds of delay 1. Mora solvendi or the delay on the part of the debtor 2. Mora accipiendi or the delay on the part of the creditor 3. Compensatio morae or the delay of both creditor and debtor (no delay) Requisites of delay or default by the debtor. 1. Ordinary delay 2. Legal delay or mora or default 3. Failure of the debtor to comply with such demand. Effects of delay.

In the case of Mora Solvendi, the following are the effects: (a) The debtor is guilty of breach of the obligation; (b) He is liable for interest in case of obligations to pay money (Art. 2209.) or damages in other obligations. (Art. 1170.) In the absence of extrajudicial demand, the interest shall commence from the filing of the complaint; and (c) He is liable even for a fortuitous event when the obligation is to deliver a determinate thing. (Arts. 1165, 1170.) However, if the debtor can prove that the loss would have resulted just the same even if he had not been in default, the court may equitably mitigate the damages. (Art. 2215[4].) In the case of Mora Accipiendi, the following are the effects: (a) The creditor is guilty of breach of obligation; (b) He is liable for damages suffered, if any, by the debtor; (c) He bears the risk of loss of the thing due (see Art. 1162.); (d) Where the obligation is to pay money, the debtor is not liable for interest from the time of the creditor’s delay; and (e) The debtor may release himself from the obligation by the consignation of the thing or sum due. (see Art. 1256.) In the case of Compensatio morae, the following are the effects: (a) There is no delay in both parties. (b) If it cannot be determined which of the following parties is guilty of delay, the contract shall be deemed extinguished and each shall bear his own damages.

Demand is not necessary to put debtor in delay when the obligation so provides, the law so provides, the time is of the essence, the demand would be useless, and when there is performance by a party in reciprocal obligations. In case of reciprocal obligations (see Art. 1191.), the performance of one is conditioned upon the simultaneous fulfillment on the part of the other.

ART. 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. (1101) Obligee could claim damages when the debtor is guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor Grounds for liability. 1. Fraud (Deceit or dolo)- deliberate or intentional evasion of the normal fulfillment of an obligation (a) Casual fraud (dolo causante)- fraud in obtaining consent (b) Incidental fraud (dolo incidente)- committed in the performance of the obligation already existing 2. Negligence (fault or culpa)- Not intentional: It is any voluntary act or omission, there being no malice, which prevents the normal fulfillment of an obligation. 3. Delay (mora)- the failure to perform an obligation on time which failure, constitutes a breach of the obligation. 4. Contravention of the terms of the obligation- violation of the terms and conditions stipulated in the obligation. The contravention must not be due to a fortuitous event or force majeure.

Note that FRAUD is intentional and must be clearly proved. Waiver for future fraud id void. The liability for this is cannot be mitigated. On the other hand, NEGLIGENCE is not intentional and it is presumed from a violation of a contractual obligation. Liability for circumtances.

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