Art. 1170 of NCC SHOULD BE MEMORIZED!
Seek for damages
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.
Those who are guilty of performance should pay
damages.
What type of fraud? DOLO CAUSANTE OR DOLO
INCIDENTE? The latter, inceptional fraud,
because there is contract, an already contract in
case obligor deliberate or intentional evasion
(nandaya) the FRAUD is done.
DOLO CAUSANTE – hindi it yong fraud
(pinaniwala moko)
FRAUD – 1338 – there is fraud when, through
insidious words or machinations, of noe of the
contracting parties, the other is induced to
enter into a contract, which without them, he
would not have agreed to.
NEGLIGENCE (culpa or fault) -> lack of care; due
diligence -> voluntary act or omission of
diligence, there is no malice, which prevents the
normal fulfillment of an obligation
DELAAY – Late; deals with punctuality/time.
NOTE, if there’s no demand there is no delay.
DEMAND is necessary for delay to occur.
Contravention of terms of the obligation / those
who in any manner contravene the tenor
thereof (volatio) – any illicit acts, impair the
strict and faithful fulfillment of the obligation, or
every kind of defective performance.
EFECTS OF FRAUD -> 1. The creditor may
demand specific performance (1233); 2. For
recission (1191); and 3. Seek for damages
(1170)
EFECTS OF negligence -> 1. The creditor may
demand specific performance (1233); 2. For
recission (1191); and 3.
(1170)
EFECTS OF delay -> 1. The creditor may demand
specific performance (1233); 2. For recission
(1191); and 3. Seek for damages (1170)
EFECTS OF in any manner contravene the tenor
thereof -> 1. The creditor may demand specific
performance (1233); 2. For recission (1191); and
3. Seek for damages (1170)
WE PROCEEDED IN FURTUITOUS EVENT:
1173 – negligence – of the obligor is determined
depends on the said situation. EX: gabi; sira
ilaw; driving in night time; GROSS NEGLIGENCE.
This provision also provides as a gen. rule, if a
law or contract does not state the diligence to
be observe, ORDINARY CARE shall be required.
1174 – acts of god vs. acts of man
Requisite for fortuitous event: REQUISITES OF
FORTUITOUS EVENT:
1. Independent of the human will (or at least of
the obligor’s)
2. Unforeseen or unavoidable
3. Of such character as to render it impossible
for the obligor to comply with his obligation in a
normal manner
4. Obligor – free from any
participation/aggravation of the injury to the
obligee (no negligence or imprudence)
Liability despite FURTUITOUS EVENT:
1. Declared by law: 552(bad faith); 1165
(in case of delay, shall be still liable
inspite of fortuitous event); 1268(anti
fencing law); 1263 (generic thing, genus
never perishes; genus nunquam perit)
2. Stipulation in contract
3. Requires the assumption of risk
ETO yung kagahapon: d. Accion directa – 1652; 1729; 1608; 1893
a. Direct auction
Remedies of Creditor in Cases of Breach:

1. Action for specific performance or

substitute performance
a. Action for specific performance
in obligation to give a specific
thing. Art. 1165 par. 1
b. Action for substituted
performance in obligation to
give a generic thing art. 1165
par. 2
c. Action for substituted
performance or undoing of
poor work in obligation to do.
Art. 1167 (Tanguiling vs. CA)
2. Action for damages (art. 1170)
3. Action for recission (art. 1191, 1192)

1192 – both nag commit ng breach, pero hindi

malaman kung sino, hence, to each of its own.

REMEDY: payment of interest 6% legal interest.

Par. 1 -> foreberance of money

Par. 2 -> hindi foreberance of money

2209 – creditor-debtor relationship

Take art. 2210 – obligation; breach of contract

2211 – interest; from quasi- delict

NAG IIMPOSE ng interest in their discretion.

Subsidiary remedy of creditor

Art. 1177 – ALAM MO NA ITO

a. Attachment, levy & execution of the

property. Art. 1177; 2236.
a. EXECUTION MEANS Selling in
public auction
b. NOTE: escrea; lawbooks; hindi
pwede sila i-aattached.
b. Accion subragatoria – the debtor of my
debtor is my debtor.
c. Accion pauliana – recission ito.