- Statute
- Philippine Civil Code
- Article
- Art. 1168
- Topic
- Nature and Effect of Obligations
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE I Obligations
- Chapter
- CHAPTER 2 Nature and Effect of Obligations
- Formerly
- Art. 1099a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. (1099a)
Intellegal Wiki · In plain terms
Where the obligation is negative — a duty not to do something — and the obligor does the forbidden act, what he did shall be undone at his expense. The remedy is restoration of the state of affairs the obligation was meant to preserve, and the cost falls on the party who broke it. Article 1167 supplies the parallel for positive obligations: what the obligor fails to do, or does contrary to the tenor of the obligation, may be executed at his cost, and what has been poorly done may be ordered undone. Neither article displaces damages — under Article 1170 those guilty of fraud, negligence or delay, or who in any manner contravene the tenor of an obligation, are liable for them.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Eliseo Fajardo, Jr. v. Freedom To Build G.R. No. 134692