CHAVES v.

GONZALES
G.R. No. 27454 April 30, 1970

Facts:
On July 1963, Rosendo Chaves brought his portable typewriter for
routine cleaning and servicing to Fructuoso Gonzales. Later on, Gonzales
asked Chaves Php 6.00, which would be used to buy spare parts for the said
typewriter.

On October 1963, after several unheeded demands, Chaves went

directly to respondent’s house and asked for the return of his typewriter.
Chaves found out that his typewriter was missing some screws and other
parts. Three days later, Chaves sent a letter demanding Gonzales to return
the missing parts, the interior cover, and the sum of Php 6.00. Gonzales
complied with such demand.

On August 1964, Chaves brought the same typewriter to Frexias

Business Machines. The repair job cost him Php 58.85, and the parts
amounted to Php 31.10.

Aggrieved, Chaves filed a case against Gonzales demanding the latter

to pay for the entire job cost, and other damages.

The Court of First Instance of Manila ruled that Gonzales should only
pay the amount of Php 31.10, which is the total value of the missing parts.
According to the lower Court, Gonzales is not liable to pay for the whole
cost of labor and materials.

Issue:
Whether or not Gonzales should be held liable for the whole cost of
labor and materials.

Held:
Yes, Gonzales should be held liable for the whole cost of labor and
materials.

According to Article 1167 of the Civil Code, “if a person obliged to do

something fails to do it, the same shall be executed at his cost.” Further,
Article 1170 provides that “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.”

It is clear that Gonzales contravened the tenor of his obligation

because he not only did not repair the typewriter but instead returned it “in
shambles”. He is therefore liable for the cost of executing the obligation in a
proper manner, i.e., for the labor cost of repair amounting to Php 58.75 and
Php 31.10 for the replacement of the missing parts.

Gonzales is likewise liable under Article 1170 of the Cod, for the
damages incurred by Chaves because of his failure to act according to the
tenor of his obligation.

Hence, Gonzales should pay the sum of P89.85, with interest at the
legal rate from the filing of the complaint, plus damages.