G.R. No. L-29298 (1928) G.R. No.

L-29298          December 15, 1928

REYNALDO LABAYEN, ET AL., plaintiffs. REYNALDO LABAYEN, appellant, vs. TALISAY-
SILAY MILLING CO., INC., defendant-appellee.

Facts:

 On August 27, 1919, the plaintiff and the defendant entered into a contract similar to
contracts entered into by the defendant and other planters.

 Stipulated in the contract is the construction of a railroad with a right-of-way of three and
a half meters and the central's maintenance of such a railroad. The central, on the other
hand, was only able to develop a railroad to hacienda Esmeralda No. 2, which is four
kilometers away from hacienda Dos Hermanos. For a railroad to extend to hacienda Dos
Hermanos, the construction would require a gradual elevation of 4.84% to 7%, would
necessitate 26 curves and would cost Php80,000.00. A civil engineer testifying in behalf
of the defendants allege that to construct such would be possible but it would be very
dangerous.
 This led to an action for damages in the amount of Php 28,620.00 by the petitioners for
the alleged breach of contract to grind sugar canes at the Court of First Instance of
Negros Occidental. The court ruled against the petitioners and on the cross-complaint of
the defendants, condemned the petitioners to pay the sum of Php 12, 114.00.

Issue:

Whether or not the action for damages should prosper.

Ruling:

No. If the obligor voluntarily prevented the fulfillment of the condition of the obligation,
such condition shall be deemed fulfilled (article 1186 of the New Civil Code). The path of the
railroad has to pass through the haciendas of Esteban de la Rama. Since he would not grant
permission to use his land, Therefore, the inability to comply with the duty to grind, the action
cannot flourish.