Civil Code Art. 1192: Different Kinds of

Statute: Civil Code
Article: Art. 1192
Topic: Different Kinds of Obligations
Book: BOOK IV Obligations and Contracts
Title: TITLE I Obligations
Chapter: CHAPTER 3 Different Kinds of Obligations
Year: 1949

The provision

In case both parties have committed a breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages. (n)

Cases applying this article

Spouses Fernando v. Continental Airlines G.R. No. 188288
Victoria Ong v. Ernesto Bogñalbal G.R. No. 149140
Tondo Medical Center v. Rolando Rante G.R. No. 230645

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