ARTICLE 1166

April 3, 2017
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
March 6, 2017

Reported by. Cherry F. Dizon

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:

1. The debtor fails to perform an obligation to do.

2. The debtor performs an obligation to do but contrary to the terms thereof.
3. 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
March 25, 2017

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 1169
March 25, 2017
Reported by: Jofenn Escalante

Art. 1169. Thos obliged to deliver or to do something incur in delay from the time the
obligee judicially or extrajudicially demands from them the fulfillment of their obligation.

However, the demand by the creditor shall not be necessary in order that delay may
exist:

(1) When the obligation or the law expressly so declares;

Or

(2) When from the nature and the circumstances of the obligations it appears that the
designation of the time when the things is to be delivered or the service is to be
rendered was a controlling motive for the establishment of the contract; or

(3) When demand would be useless, as when the obligor has rendered it beyond his
power to perform.

In reciprocal obligation, neither party incurs in delay if the other does not comply or is
not ready to comply in a proper manner with what is incumbent upon him. From the
moment one of the parties fulfills his obligation, delay by other begins.(1100a)

Concept and Nature of Delay

-Synonymous to default or mora, means delay in the fulfillment of obligation(default).

Kinds of MORA

1. Mora Solvendi – default on debtor

a.a Ex re – obligation to give

a.b Ex persona – obligation to do

 1. Mora Accipiendi – default on creditor
2. Compensatio Morae – default on both parties in reciprocal obligations.

Mora Solvendi

-Delay is on part of debtor contrary to law

-No Mora on natural obligation

-Effects only arise due to causes imputable to the debtor

Requisites for debtor  be in default 

-That the obligation be demandable and already liquidated.

-That debtor delays performance.

-That the creditors requires the performance judicially or extrajudicially.

DEMAND

– Begins from demand of the creditor for the performance of obligation.

-Demand necessary even a period has been fixed in the obligation.

-There is no delay/default if there is no demand.

-Default start on the day of extra-judicially demand.

-Refer to prestation that is due and not to another.

-No delay when demand is bigger that what is due.

Four cases where demand not necessary constitute debtor in default :

(1)Where there is express stipulation to that effect.

(2)Where the law so provides.

(3)When the period is the controlling  motive or the principal inducement for creation of
the obligation.

(4)Where demand would be useless.

   

“ 1st two cases, not sufficient that law or obligation fixes date for performance, it must
further state expressly that after the period lapses, default will commence.”

Period Fixed

}There is delay/default if the time stated on the agreement of both parties.

}No need to demand.

}Nature and Circumstances consider of delay/default of the debtor.

Demand is Useless

}When impossibility is caused by some act or fault of the debtor, such as when he is
absent or is in hiding, or has already disposed of the thing which is to be delivered.

}When impossibility is caused by fortuitous event, but the debtor has bound himself to
be liable in cases of such events.

Acknowledgement of Delay

-When debtor expressly recognized or acknowledges that he has incurred in delay.

Effect of Mora Solvendi

(1)When it has for its object a determinate thing, the delay places the risks of the thing
on the debtor

(2)He becomes liable for damages for delay

Mora Accipiendi

}Mora of the creditor, delay in performance based on omission  by creditor of necessary

cooperation.

Requisites :

(1)An offer of performance by the debtor who has the required  capacity.

(2)The offer must be to comply with the prestation as it should be performed.

(3)The creditor refuses the performance w/o just cause.

Effects of Mora Accipiendi

}The responsibility of the debtor for the thing is reduced and limited to fraud and gross
negligence

}Debtor is exempted from the risk of loss of the thing w/c automatically pass to creditor

}All expenses incurred by the debtor for the preservation of the thing after the mora shall
be chargeable to creditor

}If the obligations bears interest the debtor does not have to pay the same from the
moment of the mora

}The creditors becomes liable for damages

}Debtor may relieve himself of the obligation by the consignation of thing

Compensatio Marae

} Reciprocal Obligation must be regulate by both party simultaneous.

Cessation of the Effects of MORA

(1) Renunciation by the creditor  and

(2) prescription

Causing VS BENCER

FACTS :

-Plaintiff is one of the co-owners of the land.

-Made contract with defendant

-Acquire the interest with co-owners

ISSUE :

-W/N the contract revoke?

HELD :

No, There is no ground to revoke the contract, it will continue in accordance with Mutual
Obligation.