G.R. No.

115129 February 12, 1997

Facts:
The petitioner’s wife was suffering from a debilitating ailment and with forewarning of her impending
death, she expressed her wish to be laid to rest before Christmas day to spare her family of the long
vigils as it was almost Christmas. After his wife passed away, petitioner bought materials from herein
private respondents for the construction of her niche. Private respondents however failed to deliver on
agreed time and date despite repeated follow-ups. The niche was completed in the afternoon of the
27th of December, and Barzaga's wife was finally laid to rest. However, it was two-and-a-half (2-1/2)
days behind schedule.
Issue: Was there delay in the performance of the private respondent's obligation?

Ruling: Yes. Since the respondent was negligent and incurred delay in the performance of his
contractual obligations, the petitioner is entitled to be indemnified for the damage he suffered as a
consequence of the delay or contractual breach. There was a specific time agreed upon for the
delivery of the materials to the cemetery.

This is clearly a case of non-performance of a reciprocal obligation, as in the contract of purchase and
sale, the petitioner had already done his part, which is the payment of the price. It was incumbent
upon respondent to immediately fulfill his obligation to deliver the goods otherwise delay would
attach. An award of moral damages is incumbent in this case as the petitioner has suffered so much.