Article 1163

Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (1094a)

Ang bawat tao na obligado na magbigay ng isang bagay ay obligado rin na pangalagaan ito na may tamang pagkalinga tulad ng isang ama ng tahanan, maliban kung ang batas o ang stipulasyon ng mga partido ay nangangailangan ng iba pang pamantayan ng pagaalaga.

Discussion:

*”The diligence of a good father of a family” is the diligence required on this article and if extraordinary diligence is required, then the obligor shall exercise extraordinary diligence.

Case Illustration: The Roman Catholic Bishop of Jaro vs. Gregorio De La PeÑa

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)

Kapag ang tao ay obligado na gumawa ng isang bagay ngunit hindi nya ito nagawa, ito ay maipapataw sa kanya.

Itong panuntunan na ito ay dapat obserbahan kapag ito ay ginawa nya na kontra sa tenor ng obligasyon. Ito ay masasaad na kung ano ang napabayaang gawin ay hindi na dapat gawin.

 *Coverage of Article

1. the obligor failed to fulfill a positive personal obligation, that is, “to do” something;
2. he fulfilled the obligation but in contravention of the agreement; and
3. there was fulfillment but the same is poor or inadequate.

Case Illustration: Chavez vs. Gonzales

Bachrach vs. Golingco

Case Digest

G.R. No. L-13660             November 13, 1918

1. M. BACHRACH,plaintiff-appellee,
   vs.
   VICENTE GOLINGCO, defendant-appellant.

Ramon Diokno for appellant.
No appearance for appellee.

 

STREET, J.:

 

Facts: Bachrach entered into a contract with Golingco, he sold a truck with the latter which was secured by a promissory note and a chattel mortgage on the truck. The promissory note provided that there would be payment of 25% attorney’s fees.

 

ISSUE: If there is an express written contract for fees between an attorney and his client, may the court still disregard the contract?

 

HELD: Yes, because a contract for attorney’s fees is different from other contracts. It may be disregarded if the amount fixed is unconscionable or unreasonable, considering the value of the work accomplished.(NOTE:

A claim for attorney’s fees may be asserted either in the very action in which the services in question have been rendered, or in a separate action. If the

first alternative is chosen, the court may pass upon said claim even if its amount were less than the minimum prescribed by law for the jurisdiction of the court over the subject matter of the case for so long as the main action is within the jurisdiction of said court, upon the theory that the right to recover attorney’s fees is but an INCIDENT of the case in which the services of counsel have been rendered.