We now go to delay. Art. 1169.

Usually, there is a question regarding delay. Class, another word for delay under the civil code
is MORA. And that is failure to perform the obligation in due time. If the obligation is arising
from contract, that is during the time the obligation agreed upon by the parties. If it is arising
from law, then that is based on what is provided under the law. Example, payment of income
tax. D ba may specified date kung san-o ang filing nang income tax? Kung hindi ka na file, may
penalty ka na because of delay.
QUESTION: when does the debtor incur delay?
The debtor incurred delay if he fails to perform his obligation when it falls due and demands
has been made by the creditor judicially or extra judicially.
KINDS OF DELAY:
1. Ordinary - mere failure to perform an obligation at the appointed time.
2. Legal delay or (default) _tantamount to non-fulfillment of an obligation and arises
only after extrajudicial or judicial demand was made upon the debtor.
EXAMPLE:
Ria obliged herself to deliver a shihtsu puppy to lina on august 20, 2019. Ria
failed to deliver on the agreed date. Is Ria already on delay on August 20?Only when
Line makes a judicial demand and from such date of demand when Ria still fails to
deliver the said puppy, she is on default or delay.
General Rule: NO DEMAND NO DELAY. But what are the exceptions? I want you to
memorize this. Which means that even without demand debtor will still be considered
in delay.
Exception: 1. when the obligation expressly so provides; this usually happens in a
contract. Ex. In contract of lease, there is always stated there that payment of rentals
shall be paid every 5th day of the month without need of demand. This phrase without
need of demand is an example of exception no. 1. When the obligation expressly so
declares.
2, when the law so provides. Ex. Taxes must be paid on the date prescribed
by law. Demand is not necessary in order that the taxpayer is liable for penalties.
3. When time is the essence. _ Ex. Vicky binds herself to sew the wedding gown of
Laila to be used by the latter on her wedding date. Vicky did not deliver the wedding
gown on the date agreed upon . So. Even without demand, Vicky will be in delay
because time is the essential factor in the fulfilment of the obligation.
 4. When demand would be useless – when the debtor cannot comply his obligation as
when it is beyond his power to perform; Ex. When the object of the obligation is lost
or destroyed through the fault of the debtor, demand is not necessary.
KINDS OF DEFAULT:
1. Mora Solvendi – default on the part of the debtor to fulfil his obligation.
Requisites:
a. Failure to perform the obligation on the date agreed upon.
b. Demand (judicialy of extra judicially) made by the creditor.
c. Failure to comply such demand.
Effect:
i. Debtor is liable for interests and damages;
ii. Liable for the loss of the thing due to fortuitous event.

2. MORA ACCIPIENDI – delay on the part of the creditor to accept the performance of
the obligation. The creditor incurs in delay when the debtor tenders payment or
performance, but the creditor refuses to accept it without just cause. (Payment –
consignation.
Effect:
a. Creditor liable for damages; bears the risk of loss of the thing.
b. Debtor is not liable of interest from the time of creditor’s delay; release
himself from the obligation.

3. COMPENSATIO MORAE – delay of the obligor in reciprocal obligation (delay on the

part of both debtor and creditor)
Effect:
The default of one compensate the default of the other; their respective
liabilities shall be offset equitable.
How about in reciprocal obligation? When can be a party in reciprocal obligation
can be considered in delay?
In reciprocal obligation, from the moment one of the parties fulfills his obligation,
then it is automatic that there is delay on the part of the other party. Ex. In a
contract of sale between Jack and James, if Jack, the seller, delivers the object to
James, the buyer, and James does not pay, then delay by James begins and vice
versa. If James pays and Jack did not deliver the object, then Jack is on delay.
(Snacks) Is that clear? Any question, class?
Class what is fortuitous event? It can be an act of God or can be an act of man.
Example act of God: typhoon Ondoy that happened in the phil. Example of act of
man- rallies conducted by certain group.
QUESTION: What is the relevance of fortuitous event in relation to an obligation?
ANSWER: IT might affect the performance of an obligation and that is the reason why, there
is a fortuitous event, the obligation is extinguished. That means, debtor is released from his
liability. This fortuitous event is always used as defense by the debtor in case there is an
action for damages.
As long as there is no fault, negligence or delay on the part of the debtor, but because
of fortuitous event, his obligation is extinguished.
Art. 1170 provides that those who in the performance of their obligations are guilty of fraud,
negligence or delay and those who is any manner contravene the tenor thereof are liable for
damages.
What is fraud under the civil code?
Fraud (dolo)– deliberate intentional evasion of the faithful fulfillment of the obligation. (malice)
Negligence (Culpa or fault)- voluntary act or omission of diligence, there being no malice which
prevents the normal fulfilment of an obligation.
Delay – like when there has been judicial or extra-judicial demand and the debtor does not
comply his obligation, delay will occur.
In contravention of the tenor of the obliation – refers to the violation of the terms and
conditions or defects in the performance of the obligation, like when a landlord fails to
maintain a legal peaceful possession of a tenant being leased by the latter because the
lamdlord was not the owner and the real owner wants to occupy the land, there is
contravention of the tenor of the contract.
Art. 1171
This refers to the responsibility arising from fraud which is demandable in all
obliations. Any waiver of an action from future fraud is void.
1. Fraud in obtaining consent. (causal fraud)
Example: Jack forced James to sign a contract in favour of Jack’. The means employed in
order to obtain consent was vitiated. Contract is considered void and inexistent.
2. Fraud in performing the contract.
Example: Lina and Canoy entered into a contract of sale wherein, line will buy a certain
bike of canoy and the latter will deliver the same within 5 days upon payment. It is also
stipulated that even canoy cannot deliver for any reason, he will not be responsible for
it. Canoy sold the bike to jack. Thus, never delivered to lina. Canoy is still liable for
damages because the stipulation in the contract waiving any act of future frad is void. So
lina can still claim for damages against canoy.