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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. (1098)

In simple words, Article 1167 of the Philippine Civil Code means that if someone fails to do what
they are supposed to do under an agreement, they have to make it right at their own expense.
This applies if they don't do it at all, if they do it against the agreement, or if they do it poorly.

By Himself: The creditor can indeed have the obligation performed either by himself or at the
debtor's expense. Thank you for clarifying.

Courts Authority: The court will give a decree of undoing what has been poorly done.

Third Party Performance: The Creditor can hire another person to perform the obligation at
the expense of the Debtor.

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. (1099a)

Certainly! Article 1168 of the Philippine Civil Code deals with situations where the obligation is
to refrain from doing something. Here's a simple breakdown:

1. Nature of the Obligation: Article 1168 applies when the obligation is not to do
something, meaning the obligor is required to refrain from a particular action.
2. Consequence of Violation: If the obligor (the person who has the obligation) goes
against what he has been forbidden to do, he must undo what he has done, and he
must bear the expenses associated with undoing it.

In essence, Article 1168 ensures that if someone is obligated not to do something and they
violate that obligation, they are responsible for correcting their actions at their own expense.

Article 1169:
Those obliged to deliver or to do something in cur in delay from the time the obligee judicially
or extra-judicially 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 obligation it appears that the
designation of the time when the thing 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 obligations, 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 the other begins. (1100a)
1) When the obligation or the law expressly so declares; or
Means: Delay can exist without the need for a formal demand by the creditor if either
the obligation itself or the law explicitly states so. In some cases, the obligation or
relevant laws may specifically state that delay begins without the need for formal
demand.
In simple words: Imagine you have a contract where you promised to deliver some
goods to someone by a certain date. If the contract explicitly says that if you miss that
date, you're already considered late, even without the other person reminding you,
then delay can exist without the need for a formal reminder or demand from them.
So, it's like saying, "If I don't do what I promised by this date, I'm automatically late,
and I know it."
2) When from the nature and the circumstances of the obligation it appears that the
designation of the time when the thing is to be delivered or the service is to be rendered
was a controlling motive for the establishment of the contract; or
Means: This means that if the timing of when something is supposed to be delivered
or done is really important for the contract to work properly, then if that timing isn't
met, it's considered late even if nobody asks about it. So, if delivering something on
time is a big deal according to the contract, and it doesn't happen as scheduled, it's
automatically considered delayed.
Example: So for example, I am going to hire a hotel to provide me a venue, the foods
and drinks and the entertainment but the hotel failed to provide me a venue, the
obligor has already incurred delay.

3) When demand would be useless, as when the obligor has rendered it beyond his power
to perform.
Means: Demand for fulfillment may be deemed unnecessary if it would be futile or
useless. For instance, if the obligor has already made it impossible to fulfill the
obligation, such as by destroying the subject matter of the contract, then delay can be
deemed to exist without a formal demand.
Example: For example, if someone was supposed to deliver an item to you but they
destroyed it before the delivery date, they're already late without you having to tell
them they are.

Site article 1174 as a SUPPORT

Kinds of Delay:

1. Mora Solvendi – Delay on the part of the obligor / debtor


There are two types of Mora Solvendi
a) Mora Solvendi Ex Re – The delay in real obligations (The obligations to give)
b) Mora Solvendi Ex Persona – The delay on the personal obligation (The delay on
obligations that is to do)
2. Mora Accipiendi - The delay on the part of the creditor.
- The creditor refuses to accept the thing due without justifiable reason.
3. Compensatio Morae – The delay on both parties.
- Which means that the delay has incurred in both creditor and debtor.
Article 1170:
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. (1101)

Article 1170 of the Philippine Civil Code states that those who fail to fulfill their obligations
are liable for damages. This means that if someone breaches a contract or fails to meet their
legal obligations, they may be held financially responsible for any losses or harm caused to
the other party as a result of their actions.

Fraud: Refers to the intentional deception or misrepresentation made by one party with the
intent to deceive or manipulate the other party. If someone commits fraud in the context of
breaching their obligations, they may be held liable for damages resulting from their
fraudulent actions.

In simple words intentionally deceiving or tricking the someone or the creditor to cause harm
or break the obligation.

Negligence: It refers to the failure to exercise the degree of care or diligence required under
the circumstances. If someone breaches their obligations due to negligence, they may be held
liable for damages resulting from their failure to act with the appropriate level of care or
diligence expected of them. Cite article 1163 as a support

Delay: The failure to deliver the obligation within the specified timeframe as outlined in the
agreement constitutes a breach of contract.

Contravention of the obligations term: Refers to a situation where a party fails to comply with
the terms or conditions specified in an agreement or contract. This could involve actions that
go against what is required or prohibited by the terms of the obligation.

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