CONTRAVENTION OF THE TENOR

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NON-PEER-REVIEWED CITATION: TULIAO, Danica R. (2021), "Contravention of the Tenor," UNDOCKETED, available at <insert link> (last accessed on <date>).

WARNING: This is not a journal entry. It has not yet been peer-reviewed.

Those who in the performance of their obligations are guilty of the following are liable for damages: (a) fraud; (b) negligence; (c) delay; and (d) performance in any manner contravene the tenor thereof.[1] Under this law, not only debtors guilty of fraud, negligence or default in the performance of obligations are decreed liable. In general, every debtor who fails in the performance of his/her obligations is bound to indemnify for the losses and damages caused thereby.[2]

“In any manner contravenes the tenor” means any illicit act[3] which impairs the strict and faithful fulfillment of the obligation, or every kind of defective performance. In the case of Arrieta v. NARIC,[4] the Supreme Court held that the faithful observance of an obligation according to its tenor is mandated by law; an unexcused failure thereof renders the obligor liable for losses and damages caused thereby.

In Pacmac, Inc. v. Intermediate Appellate Court,[5] the Court said that the party who unilaterally terminated the exclusive distributorship contract without any legal justification can be held liable for damages by reason of the breach committed pursuant to Article 1170.[6]

[1] CIVIL CODE, Article 1170.

[2] ARRIETA v. NARIC, 119 Phil. 339 (G. R. No. L-15645, January 31, 1964) [Per J. Regala].

[3] TOLENTINO, Civil Code of the Philippines Book IV, Page 103.

[4] Supra note 2.

[5] 234 Phil. 548, 556 (1987).

[6] PAJARES v. REMARKABLE LAUNDRY, 806 Phil. 39 (G.R. No. 212690, February 20, 2017) [Per J. Del Castillo, First Division].