The responsibility for damages arising from nonfulfillment of a contractual obligation cannot be
divided nor can it be extended to persons who
have nothing to do with the obligation (Tolentino)
Modes of Breach
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.
General rule: in cases where there is voluntary
breach of obligation, one of the rights of the creditor is to
ask for indemnification of damages under this article.
Notes:
Damages as used in the above provision
include any and all damages that a human being
may suffer in any and all manifestations of his
life: physical or material, moral or psychological,
mental or spiritual, financial, economic, social,
political and religious. (Tolentino)
Breach of contractual obligation entitles the
other party damages even if no penalty for such
breach is provided in the contract.
2.
3.
Kinds of Negligence
1. According to form (Caguiao)
a. Culpa in faciendo (positive act)
b. Culpa in non faciendo (omission)
According to degree of culpa/diligence
a. Culpa lata (grave which is the omission of the
most minimum diligence)
b. Culpa leve (omission of the diligence of an
ordinary layman or bonus pater familias)
c. Culpa levissima (omission of the maximum
diligence of a very careful man)
Most Important Classifiaction
a. Culpa contractual /Contractual Negligence
Fault or negligence in the performance of a preexisting contractual obligation resulting in a breach
of obligation (Caguioa & Tolentino)
Fault or negligence of the obligor by virtue of
which he is unable to perform his obligation arising
from a pre-existing contract because of the
omission of the diligence which is required by the
nature of the obligation and corresponds with the
circumstances of the persons, of the time and of
the place (Jurado)
b. Culpa extra-contractual or aquiliana/QuasiDelict
Failure to observe the care required by law with
respect to other persons not connected by
contract or of any juridical relation whatsoever
save the generic one which is common to all men
of not damaging another (Caguioa)
Fault or negligence of a person, who, because
of the omission of the diligence which is required
by the nature of the obligation and which must
correspond with the circumstances of the persons,
of the time and of the place, causes damage to
another. (Jurado)
Fault or negligence which constitutes an
independent source of obligation between parties
not previously bound. (Tolentino)
CULPA CONTRACTUAL
There
is
pre-existing
contractual relation
The negligence of the
CULPA AQUILIANA
None.
The negligence involved
defendant is merely an
incident
in
the
performance
of
an
obligation
Source
of
liability
breach or non-fulfillment
of the contract
There is presumption of
negligence
from
the
breach of the contract
The
master
cannot
exempt
himself
by
proving due diligence in
the
selection
and
supervision of employee
Damages may be claimed
only by the parties, their
heirs and privies
Negligence referred to in
Art.1173
is
substantive
independent.
and
Source
of
liability
negligent act or omission
itself
Plaintiff must prove the
existence of negligence
The master is free from
liability upon proof of
such diligence
A stranger may claim
damages such as the
relatives and dependents
Negligence referred to in
Art. 2176
Culpa
The guilty party is not
aware but should have
been aware
There is presumption
because of breach of
contract
The guilty party only
answers
for
the
damages which are
foreseen or could
have been foreseen at
the time the obligation
was constituted
Allowable
unless
contrary
to
public
policy
4. Delay (Mora)
- Kind of voluntarily breaching obligation, a
defect and partial non-fulfillment of obligation
Covers all non-fulfillment in point of time in its
broadest sense; juridically, however, it pertains
only to culpable delay where fulfillment or
NOTES:
A mere reminder or any act which cannot be
qualified as a demand for payment will not be
considered a demand since the code requires
that the tolerance and benevolence of the
creditor has terminated (Castan as cited in
Caguioa)
The proof of the demand will be incumbent
upon the creditor (Tolentino)
Demand is generally necessary even if a
periof has been fixed in the obligation
(Tolentino)
Where there has been an extrajudicial
demand before action for performance was
filed, the effects of default arise from the date
of such extrajudicial demand. But where the
evidence does not disclose any particular date
on which the creditor made extrajudicial
demand upon the debtor, the payment of
interest or damages for the default must
commence from the filing of the complaint.
(Tolentino)
The demand must refer to the prestation that
is due and not to another (Tolentino)
When demand is NOT necessary
1 When the obligation or the law expressly so
declares
the obligation or the law itself must expressly
declare that the demand is not necessary in
order that the debtor shall incur in delay
example: in the obligation it is stipulated that,
D shall incur in delay if he does not pay the
obligation upon the arrival of the designated
date for payment.
NOTES:
In case of doubt, the doubt should be resolved in
favor of the debtor, because dispensing with
demand is an exception to a general rule; unless
the exception is clearly proved, the general rule
must apply. (Tolentino)
According to Art.1788 of the Civil Code, where
one of the partners who has undertaken to
contribute a sum of money to the common fund
at a specified date fails to do so, he becomes a
debtor of the partnership not only for the amount
which he has promised to contribute but also for
the interest and damages from the time he
should have complied with his obligation
(Jurado)
3 Amount is ascertained
3
o
o
Compensatio morae