Atty. Crisalyn B.

Lumanglas
§ If a person is 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.

§ Obligation to do
01 02 03
The debtor fails to The debtor The debtor
perform an performs an performs an
obligation to do; obligation to do obligation to do
but contrary to the but in a poor
terms thereof; or manner.
To have the obligation performed by himself, To recover damages
or by another, unless personal considerations
are involved, at the debtor’s expense; and
It may be ordered by the court that it be UNDONE if it
is still possible to undo what was done.
 WHAT DO YOU
§ A person who is NOT a party to a
MEAN BY A THIRD contract.
PERSON?
Yes, generally. A personal obligation
to do, like a real obligation to deliver a
generic thing, can be performed by a
third person.

Exception:
When the personal qualifications of
the debtor are the determining motive
for the obligation contracted.
The only feasible remedy of the creditor is
indemnification for damages.
The debtor cannot be compelled to
perform a personal obligation to do
because involuntary servitude is
prohibited by the Constitution.
§ When the obligation consists in not
doing, and the obligor does what has
been forbidden him, it shall be undone
at his expense.
§ This refers to an obligation not to do.

§ The duty of the obligor in an obligation

to do = to abstain from an act.

As a general rule, the remedy of the
obligee is the undoing of the forbidden
thing plus damages.
However, if it is not possible to undo what
was 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.
Those obliged to deliver or to do something incur in delay
from the time the obligee judicially or extrajudicially
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 ARTICLE 1169
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.
 § It is the failure to perform an
obligation on time which failure
constitutes a breach of the
obligation.

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1. Mora Solvendi

2. Mora Accipiendi
KINDS OF DELAY
OR DEFAULT
3. Compensatio Morae
NONE.
Failure of the debtor to perform his positive obligation on the date
agreed upon;

Demand made by the creditor upon the debtor to comply with his
obligation which demand may either be judicial or extrajudicial.

The failure of the debtor to comply with such demand.

The importance of DEMAND either judicially or
extrajudicially.
§ As a general rule, delay by the debtor begins
ONLY from the moment a demand, judicial or
extrajudicial, for the fulfillment of the former’s
obligation is made by the creditor.
When the obligation so When the law so When the demand would When there is
provides; provides; be useless; performance by a party
in reciprocal obligations.
§ 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.

§ Four grounds of liability

§ FRAUD – malice or dishonesty or bad
faith
§ NEGLIGENCE

§ DELAY – as was discussed earlier

§ CONTRAVENTION of the terms of the
obligation
 Responsibility arising from fraud is
ARTICLE 1171 demandable in all obligations. Any waiver
of an action for future fraud is void.
§ Future Fraud –VOID. A contrary rule
would encourage the perpetration of
fraud.

§ Past Fraud – may be waived.

Articles 1172 to 1178