CHAVEZ VS GONZALES

G.R. No. L-27454. April 30, 1970

FACTS: In July, 1963, Rosendo Chavez delivered to Fructuoso Gonzales, who is a typewriter repairer, a
portable typewriter for routine cleaning and servicing. Gonzales asked from Chavez P6.00 for the
purchase of spare parts. Gonzales was not able to finish the job after some time despite repeated
reminders made by the Chavez.
After getting exasperated with the delay of the repair of the typewriter Chavez got the typewriter from
Gonzales and found out that the same was in shambles. Chaves demanded the return of the missing
parts and the sum of P6.00, which Gonzales returned.
Chavez had his typewriter repaired by Freixas Business Machines, and the repair job cost him a total of
P89.85, including labor and materials. Chavez then commenced this an action before the City Court of
Manila, demanding from the Gonzales the payment of P90.00 as actual and compensatory damages.
The Court rendered a decision in favor of Chavez, ordering Gonzales to pay him P31.10. Chavez
contended that he should be awarded the whole cost of labor and materials as provided for in Article
1167 of the Civil Code.
ISSUE: Whether or not Chavez is entitled to the whole cost of labor and materials that went into the
repair of the typewriter?
HELD: Article 1167 of the Civil Code states: 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.
Gonzales claims that he is not liable at all because his contract with Chavez did not contain a period.
The inferences derivable from these findings of fact are that the Chavez and the Gonzalez had a
perfected contract for cleaning and servicing a typewriter, intended to be completed at some future
time although such time was not specified, that such time had passed, and that the typewriter was
returned cannibalized and unrepaired, which in itself is a breach of his obligation. The time for
compliance had evidently expired and there being a breach of contract by non-performance. It is clear
that the Gonzales-appellee contravened the tenor of his obligation.
The cost of the 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.
In addition, Gonzales is likewise liable under Article 1170 of the Code for the cost of the missing parts 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.
The appealed judgment is modified. Gonzales to pay Chavez the sum of P89.85 with interest.