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University of the Philippines College of Law

Block F2021

Topic Breach of Obligation – Contravention of tenor / Remedies in case of breach


Case No. G.R. No. L-27454 / 30 April 1970
Case Name Chaves v. Gonzales
Ponente J.B.L. Reyes, J.

SUMMARY OF FACTS

 Nature of Obligation: Oral contract to perform routine cleaning and servicing of a typewriter
 Subject Persons: Rosendo Chaves – plaintiff and appellant (owner of the typewriter); Fructuoso
Gonzales – defendant appellee; the repairman who was contracted to perform routine cleaning and
servicing
 Prestations: Performance of obligation (routine cleaning and servicing of typewriter
 Controversy and its classification: Performance in contravention of tenor (typewriter returned in
“shambles”)
 Remedies sought: Reimbursement of total cost of repair (P89.85 for materials and labor) plus damages
(P90.00 as actual and compensatory damages, P100.00 for temperate damages, P500.00 for moral
damages, and P500.00 as attorney's fees)
 Remedies granted by the SC: Reimbursement of total cost of repair (P89.85 for materials and labor)

RELEVANT FACTS

 Plaintiff Chaves delivered his portable typewriter to the defendant Gonzales for routine cleaning and
servicing in July 1963. There was no period specified for the cleaning and servicing. The defendant
Gonzales was not able to finish the job after some time despite repeated reminders by the plaintiff; he
merely gave the plaintiff Chaves assurances. Further, in October of the same year, the defendant
Gonzales asked for P6.00 from plaintiff Chaves for the purchase of spare parts for the typewriter which
the plaintiff complied with. But still the defendant Gonzales was not able to deliver the typewriter.

 On October 26 of the same year, the plaintiff Chaves went to the house of the defendant Gonzales,
exasperated with the delay and demanded the return of the typewriter, which was handed by the
defendant Gonzales to him wrapped in a package. Upon reaching home, Chaves inspected the
typewriter and found out that the same was in “shambles” with the interior cover and some of the parts
and screws missing. On October 29, Chaves sent a formal letter demanding from Gonzales the return of
the missing parts, the interior cover and the P6.00 he paid Gonzales. He had the typewriter fixed (August
1964) by another repairman for the amount of P89.85 including labor and materials.

 In 1965, Chaves sued Gonzales for breach of oral contract, praying for P90.00 as actual and
compensatory damages, P100.00 for temperate damages, P500.00 for moral damages, and P500.00 as
attorney's fees. The lower court, however granted the prayer for P31.10 only for the total value of the
missing parts. He then elevated the case to the Supreme Court, unsatisfied with the decision rendered
by the Court of First Instance. He averred that the CFI erred in awarding only the value of the missing
parts of the typewriter, instead of the whole cost of labor and materials that went into the repair of the
machine, as provided for in Article 1167 of the Civil Code . “(1) If a person obliged to do something fails
to do it, the same shall be executed at his cost. (2) This same rule shall be observed if he does it in
contravention of the tenor of the obligation.”

 Gonzales did not contend the facts but argued that he was not liable for the cost of the repair made
since there was no period specified in the agreement and Chaves should have first filed a petition for the
University of the Philippines College of Law
Block F2021

court to fix the period before Chaves can held Gonzales liable for breach of contract and thereby liable
for any repair cost.

ISSUES

 W/N the defendant Gonzales is liable for breach of contract and should pay for the whole cost of repair
P89.85
 W/N the plaintiff Chaves can recover the prayed damages (P100.00 for temperate damages, P500.00 for
moral damages, and P500.00 as attorney's fees)

RATIO DECIDENDI

Issue Ratio
W/N the defendant Gonzales Yes.
is liable for breach of
contract and should pay for The Supreme Court ruled that based on attendant facts, it was clear that
the whole cost of repair Gonzales contravened the tenor of his obligation and, as stated in Art. 1167 of
P89.85 Civil Code is liable for the cost of 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.” Further, based on Art. 1170, the defendant
Gonzales is also liable for the cost of the missing parts, in the amount of
P31.10, “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.”
“Those who in the performance of their obligation are guilty of fraud,
negligence or delay, and those who in any manner contravene the tenor
thereof, are liable for damages.”

W/N the plaintiff Chaves can No.


recover the prayed damages
(P100.00 for temperate The damages being prayed for were not alleged in the complaint. Claims for
damages, P500.00 for moral damages and attorney's fees must be pleaded, and the existence of the actual
damages, and P500.00 as basis thereof must be proved. (Malonzo v. Galang, L-13851, 27 July 1960;
attorney's fees) Darang v. Belizear, L-22399, 31 March 1967, 19 SCRA 214)

RULING

IN VIEW OF THE FOREGOING REASONS, the appealed judgment is hereby modified, by ordering the defendant-
appellee to pay, as he is hereby ordered to pay, the plaintiff- appellant the sum of P89.85, with interest at the
legal rate from the filing of the complaint. Costs in all instances against appellee Fructuoso Gonzales.

NO SEPARATE OPINION

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