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ART. 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)

Article 1167 refers to an obligation to do, i.e., to perform an act or render a service. It contemplates three situations where the (1) debtor fails to perform an obligation to do, (2) performs an obligation to do but contrary to the terms thereof, and (3) performs an obligation to do but in a poor manner.

Here are the remedies of the creditor in positive personal obligation: (1) if the debtor fails to comply with his obligation, the creditor has the right to have the obligation performed by himself, or by another unless personal considerations are involved, at the debtor’s expense; and (2) to recover damages. 

In case the obligation is done in contravention of the terms of the same or is poorly done, the court may order (upon complaint) that it be undone if it is still possible to undo what was done. If the debtor fails to perform the obligation to do so, note that the creditor could ask someone else   (a third person)   to perform the obligation to do at the expense of the debtor.

Case Related to Art 1167

Chavez vs. Gonzales: G.R. No. L-27454; April 30, 1970

Rosendo O. Chavez, plaintiff-appellant vs. Fructuoso Gonzales, defendant-appellee

REYES, J.B.L., J.:

FACTS: 

The plaintiff delivered to the defendant, who is a typewriter repairer, a portable typewriter for routine cleaning and servicing. The defendant was not able to finish the job after some time despite repeated reminders made by the plaintiff. In October, 1963, the defendant asked from the plaintiff the sum of P6.00 for the purchase of spare parts, which amount the plaintiff gave to the defendant.

After getting exasperated with the delay of the repair of the typewriter, the plaintiff went to the house of the defendant and asked for the return of the typewriter. The plaintiff found out that the typewriter was in shambles with some parts missing. Chaves demanded the return of the missing parts and the sum of P6.00, which Gonzales returned. Later on, the plaintiff had his typewriter repaired by Freixas Business Machines, and the repair job cost him a total of P89.85, including labor and materials. 

Chavez then commenced this an action before the City Court of Manila, demanding from the Gonzales the payment of P90.00 as actual and compensatory damages.  The RTC granted the petition and ordered that the defendant pay the plaintiff the amount of P31.10 which is the total value of the missing parts.  Chavez contended that he should be awarded the whole cost of labor and materials as provided for in Article 1167 of the Civil Code. Thus, this petition.

ISSUE:  Whether or not Chavez is entitled to the whole cost of labor and materials that went into the repair of the typewriter?

RULING: YES. Article 1167 of the Civil Code states:  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. 

The inferences derivable from these findings of fact are that the Chavez and the Gonzalez had a perfected contract for cleaning and servicing a typewriter, intended to be completed at some future time although such time was not specified, that such time had passed, and that the typewriter was returned cannibalized and unrepaired, which in itself is a breach of his obligation. The time for compliance had evidently expired and there was a breach of contract by non-performance. The Gonzales-appellee contravened the tenor of his obligation.

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, which is in the amount of P58.75 because the obligation or contract was to repair it. In addition, Gonzales is likewise liable under Article 1170 of the Code for the cost of the missing parts for in his obligation to repair the typewriter he was bound, but failed or neglected, to return it in the same condition it was when he received it.

The appealed judgment is modified. Gonzales to pay Chavez the sum of P89.85 with interest.

I am a dreamer, travelling towards my goals

Like the stars that travel across the void of space, burning bright

My passion fueling me to push harder, to aim higher, and to venture further

But all stars don’t last. Eventually, they’ll die down and make their last spark

Ciao Journal!!!!

Time flies by so fast that it’s already this time of the year wherein everyone’s in a hurry to accomplish the requirements before the UP Diliman Commencement Exercises in June. I was among them. I took LIS 181 late and I have to suffer this fate--to put my thesis and other subjects with this time-sucking course wherein it’ll be just any other OJT/Internship, boring, lakckluster and basically not-my-ideal working environment. During the course of the last semester, I was told that Sir Bono introduced me to Ma’am Carina Samaniego, the head of the Archives Division at Ateneo de Manila University. I was actually glad that I was recommended by Sir Bono to do the task. Well, the thing is I can actually do it and the fact that I got a 1.00 in his LIS 171 (Archive Principles and Practices I) indeed was a testimonial in itself.