- Statute
- Civil Code
- Article
- Art. 1173
- 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. 1104a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply. If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. (1104a)
Intellegal Wiki · In plain terms
Negligence is the failure to exercise the diligence that the nature of the obligation requires, considering the persons, time, and place. Where no standard is set by law or contract, the required diligence is that of a good father of a family. When negligence amounts to bad faith, the stricter damages rules apply.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Trans-Asia Shipping Lines v. Court of Appeals G.R. No. 118126
- Dr. Enrique T. Ona v. Northstar International Travel G.R. No. 209581
- Mindanao Terminal v. Phoenix Assurance Company of New York/Mcgee & Co. G.R. No. 162467
- Solidbank Corporation/Metropolitan Bank v. Spouses Peter G.R. No. 167346