Chavez vs Gonsalez 32 SCRA 547 (1970) FACTS 1 2 3, 6 1. Chavez brought his typewriter on July of 1963 to Gonzales to have it fixed, There was no agreement as to when the typewriter should be ready for return to Chavez. Gonzales was not able to finish the work after a certain time despite repeated reminders from Chavez Gonzales asked Chavez for P6.00 for the purchase of spare parts which Chavez gave, In October 1963 Chavez went to Gonzales’ house and got the typewriter. it was retuined to him with the cover and some essential parts missing, Chavez formally demanded that the missing parts be returned along with the cover and the sum of 6.00 which Gonzales did ‘August 1964 — the typewriter was fixed by another person which cost Chavez P89.95 for materials and labor. The tial court awarded Chavez damages of only P31.10 out of his total claim of P690,00. ISSUE L.WON art 1197 be raised as a defense favoring Chavez 2. WON Chavez should be entitled to greater damages than what was awarded to him in the trial cour. HELD 1 2 Moral No, An, 1197 cannot be raised as a defense a. Art 1197 states that the pettioner should have fist filed for a petition from the Coun, fixing the perio. b. This is not applicable because the time for compliance has already expired, the defendant not having worked on the typewriter and returning it to the owner unrepaired, Yes! Gonzales is liable under An. 1165 because of his non-performance. a. Heis lable forthe cost of executing the obligation in the proper manner. b. Hes also lable for the missing parts damages and attorney's fees should not be awarded because they were not alleged in the complain