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Ang mga obligadong mag hatid o magsagawa ng isang bagay ay mababalam mula sa
oras na ang obligee ay judicially o extra judicially na hiningi na maisagawa o maihatid
ang bagay na ito.
Case: Julio de la Rosa v. The Bank of the Philippine Islands (51 PHIL. 926),
Nov. 28, 1924
PONENTE: Romualdez, J.
On June 11, 1923, a complaint was filed by Julio de la Rosa on the ground that
the defendant bank started a contest of designs and plans for the construction
of a building, and announced that prizes would be awarded no later than
November 30, 1921.
De la Rosa, the plaintiff, claimed that he joined the said contest and performed
work and incurred expenses for that purpose. Also, the said bank did not name
the contest judges and failed to ward the prizes in accordance to the contest
conditions stipulated. Because of this, the plaintiff prays that judgment be
FACTS rendered in his favor for the sum of Php 30,000 as damages, with interests and
costs.
The trial court ruled in favor of de la Rosa, ordering BPI to pay the plaintiff an
indemnity of Php 4,000 and the costs.
Both parties appealed from this judgment, the plaintiff argued that the trial
court erred:
1. In holding that the sum of P4,000 was a just and reasonable indemnity to
the plaintiff.
2. In not ordering the defendant bank to pay the P30,000 prayed for in the
complaint.
The defendant bank, in turn, assigned the following errors as committed by the
trial court:
1. In holding that the date set for the award of prizes is essential in the
contract.
Whether the defendant bank was in default in not awarding the prizes on
ISSUE/S November 30, 1921
Article 1100 (The Civil Code of the Philippines): Persons obliged to deliver or
to do something are in default from the moment the creditor demands of them
judicially or extrajudicially the fulfillment of their obligation.
Nevertheless, the demand of the creditor shall not be necessary in order that
the default may arise
Article 1169 (The New Civil Code of the Philippines): Those obliged to
deliver or to do something incur in delay from the time the obligee judicially
or extrajudicially
However, the demand by the creditor shall not be necessary in order that delay
may exist:
(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)
No. The defendant bank cannot be held to have been in default through the
mere lapse of time. For this judicial or extrajudicial demand was necessary for
the performance of the obligation, and it was not alleged here, nor does it
appear that before bringing this action the plaintiff had ever demanded it from
the defendant bank in any manner whatsoever. The defendant bank, therefore,
was not in default.
HOLDINGS The plaintiff invoked paragraph 2 of Article 1100 of the Civil Code and
contended that November 30, 1921 was the principal inducement because of
the current cost of concrete buildings at the time was fixed. The fixation of
said price cannot be considered as the controlling factor of setting the date of
the awarding of prizes/contract but just for the uniformity of the designs to be
presented and to secure greater justice in the appreciation of relative merits of
each work submitted.
Since the date was not a controlling motive for the establishment of the
contract, the plaintiff cannot invoke the exception on Article 1100 of the Civil
Code. Thus, a judicial or extrajudicial demand was necessary for the
performance of the obligation, and in this case was not done by de la Rosa.
Discussion
TERMS:
The Kind of Delay Applicable to Article 1169 is Legal Delay or Default
(Mora)and not ordinary delay.
Extra-judicial- Done outside of court (sending of demand letter by creditor or
by his lawyer
Judicial done by filing of a formal complaint in court
Article 1169 discusses that as a GENERAL RULE, a judicial and extra-judicial
demand by the creditor signals the delay to deliver something by the debtor.
The exceptions to the rule are also listed in Art. 1169: Demand may not be necessary
in the following circumstances:
Example: One cannot be ordered to vacate a leased property for non-payment of dues
when the lessors collector fails to collect the same (when there is no agreement on
place of payment, collection must be made in the domicile of the lessee)
When the TIME is fixed for the fulfillment of the obligation, no further demand or
notice by the obligee or creditor is needed.
In case of DOUBT on whether a debtor is in default of his obligation, the doubt shall
be resolved in the debtors favor because dispensing the required demand is just an
exception to the general rule.
Classes of MORA
1. Mora Solvendi default on the part of the debtor/obligor
Requisites:
Obligation pertains to the debtor/obligor
Obligation is determinate (susceptible of particular designation) or liquidated;
due and demandable
Obligation has not been performed on its maturity date
***It is not enough to fix a period in the contract, demand is still needed to put the
debtor in default.