TINGKAHAN

CASE NO. 55

Art. 1169 Delay (Mora)

Cetus Development Corp v. CA

Facts: Private respondents were the lessees of the premises originally owned by Susana
Realty. The payments of the rentals were paid by them to a collector of the Susana Realty who
went the premises monthly. Susana Realty, however, sold the property to petitioner Cetus
Development, Inc. The private respondents then continued to pay their monthly rentals to a
collector sent by the petitioner. In succeeding months, for three months, the private
respondents failed to pay their rentals because no collector came. They then contacted the
petitioner over the telephone as to where they should pay their rentals. The petitioner then told
them that they would send a collector to collect the rentals. Private respondents waited but no
collector came. Petitioner then sent a letter to each of the private respondents demanding that
they vacate the subject premises and to pay their arrearages within 15 days from the receipt
thereof. With this, private respondents immediately upon the receipt of such demand, tendered
their payments which were accepted by the petitioner with the condition that the acceptance
was without prejudice to the filing of ejectment suit. For failure of the private respondents to
vacate the premises as demanded, petitioner filed an ejectment suit against them.

Issue: Whether there was a delay of payment by the private respondents

Ruling: NO. There was no failure yet on the part of the private respondents to pay rents for
three consecutive months. It has been duly established that it has been customary for private
respondents to pay their rentals through a collector sent by the lessor. Article 1169 of the Civil
Code provides that those obliged to deliver or to do something incur in delay from the time the
oblige judicially or extrajudicially demands from them the fulfillment of their obligation. The
moment the petitioner extrajudicially demand the payment of the rentals, private respondents
immediately answered their obligation by paying their arrearages of rentals to the petitioner.