Article 1165

April 24, 2017
When what is to be delivered is a determinate thing, the creditor, in
addition to the right granted him by article 1170, may compel the
debtor to make a delivery.
If the thing is indeterminate or generic, he may ask the obligation to
be complied with the expense of the debtor.
“No person shall be responsible for those events which could not be
foreseen, or which, though foreseen, were inevitable”
Question:
If the obligee delays the performance of the obligation and a
fortuitous event occurs,; the specific prestation is lost, is the
obligation extinguished?

if the obligor delays, or has promised to deliver the thing to two or Answer
more persons who do not have the same interest, he shall be
No. the obligee has incurred delay before the specific prestation is
responsible for fortuitous events until he has effected the delivery.
lost so therefore he must bear the damages.
Classification of Obligation from the view point of subject matter
Exceptions
Real Obligations (to give)
If the obligor delays
a specific thing
if the obligor is guilty in bad faith
a generic or indeterminate thing
Kinds of delay
Personal obligations (to do or not to do)
Ordinary Delay – Failure to perform an obligation in a specific time
Remedies of the creditor when the debtor fails to deliver a
Extraordinary Delay/Legal delay/default – Non-fulfillment of
determinate thing
obligation that arises after extrajudicial or judicial demand.
Action for specific performance

Action to rescind or resolve the obligation

Complaint for damages

Liability of the debtor for loss of the thing due to a fortuitous event

General Rule
ARTICLE 1166

Art. 1166. The obligation to give a determinate thing includes that of

delivering all its accessions and accessories, even though they may
not have been mentioned. (1097a)

Gen. Rule :

Obligation to deliver the object includes with it the accessories and

accessions.

Exception to the Rule:

a. Required by law

b. Exclusion is expressly stipulated by the parties.

ACCESSORIES

Those things which are used for the preservation of another thing or
more important, have for their object the completion of the latter
for which they are indispensable or convenient.

ACCESSIONS

Includes everything which is produced by a thing, or which is

incorporated or attached thereto, either naturally or artificially.
ARTICLE 1167
Article 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.
Article 1167 refers to an obligation to do, that is, to perform an act
or render a service. It contemplates three situations:
The debtor fails to perform an obligation to do.
The debtor performs an obligation to do but contrary to the terms
thereof.
The debtor performs an obligation to do in poor manner.
Performance at debtor’s cost.
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, at the
debtor’s expense.
to recover damages.
In case the obligation is done in contravention of the terms or is
poorly done, it may be ordered (by the court) that it shall be
reversed if still possible.
Personal Compulsion.
If no law was implemented that regards to the cause of action. Then
the only sanction of civil obligations is compensation for the
damages.
Indemnification for Damages.
If the obligation to do cannot be done by another, in case of non-
performance the only feasible remedy of the creditor is
indemnification for damages.
Case Illustration: Chavez vs. Gonzales, 32 SCRA 547
Facts:
July 1963, Rosendo Chavez, plaintiff, brought his typewriter to
Fructuoso Gonzales, defendant, a typewriter repairman for the
cleaning and servicing of the said typewriter. Three months later, the
plaintiff paid P6.00 to the defendant for the purchase of spare parts.
Because of the delay of the repair the plaintiff decided to recover
the typewriter from the defendant which was wrapped like a
package. When he opened and examined it, the interior cover and
some parts and screws were missing. October 29, 1963 the plaintiff
sent a letter to the defendant for the return of the missing parts, the
interior cover and the sum of P6.00. The following day, the
defendant returned to the plaintiff only some of the missing parts,
the interior cover and the P6.00.
August 29, 1964, the plaintiff had his typewriter repaired by Freixas
Business Machines, that cost him a total of P89.85. A year later, the
plaintiff filed an action before the City Court of Manila, demanding
from the defendant the payment for total of P1,190.00 for damages
including attorney’s fees. The defendant made no denials.

The repair invoice shows that the missing parts had a total value of
P31.10 only.

Wherefore, judgment is hereby rendered ordering the defendant to

pay the plaintiff the sum of P31.10, and the costs of suit.

Chaves appealed, because it only awarded the value of the missing

parts of the typewriter, instead of the whole cost of labor and
materials that went into the repair of the machine. It is clear that
the defendant-appellee contravened the tenor of his obligation
because not only did he not repair the typewriter but returned it “in
shambles”.

IN VIEW OF THE FOREGOING REASONS, the appealed judgment is

hereby modified, by ordering the defendant-appellee to pay, as he is
hereby ordered to pay, the plaintiff-appellant the sum of P89.85,
with interest at the legal rate from the filing of the complaint. Costs
in all instances against appellee Fructuoso Gonzales.

Issue:

Whether or not the defendant is liable for the total cost of repair.

Held:

Yes. For such contravention, he is liable under Article 1167 of the

Civil Code. For the cost of executing the obligation in a proper
manner. The cost of the execution of the obligation in this case
should be the cost of the labor or service expended in the repair of
the typewriter.
ARTICLE 1168

Article 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.

Discussions:

Doing Prohibited Thing

-this article also known as negative obligation of prestation , that is

not to do a certain thing or act. The thing done or act performed
shall be undone at the expense of the obligor. Damages may be
claimed against him.

Example:

In a contract of lease of house, the lessee obligated himself not to

make any improvements without the consent of the lessor. In
making improvements unilaterally, the improvements may be
undone at his expense in addition to damages.
ARTICLE 1170

Article 1170. Those who in the performance of their obligation are

guilty of fraud,negligence, or delay,and those who in any manner
contravene the tenor therof, are liable for damages.

Fraud may be defines as the voluntary execution of wrongfull act or

willful ommission,knowing and intending the effects which naturally
arise from such ommission. In this article fraud is referred to as the
deliberate evasion from an obligation. Fraud in this article also
involves malice in the act of evasion from an obligation.

Non-performance by fault or negligence is known as Culpa

Contractual or the fault of the debtor as an incident if fullfilling an
existing obligation.

Excuse for non-performance of an obligation is only valid if it is due

to fortuitous event.

Damages are refered to as any damage caused in any human being.

It can be in the form of money, Physical damage,moral damage,
mental damage etc.

If the damage is in the form of money and the damage to be

incurred from is not indicated in the contract, a legal interest of 6
percent per year will be observed in computing for damage