- Statute
- Civil Code
- Article
- Art. 1192
- Topic
- Different Kinds of Obligations
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE I Obligations
- Chapter
- CHAPTER 3 Different Kinds of Obligations
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
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)
Intellegal Wiki · In plain terms
When both parties break the same contract, a court will fairly reduce the liability of whoever breached first. If it is impossible to tell who broke the contract first, the obligation is treated as extinguished and each party absorbs its own losses.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In George C. Fong v. Jose V. Dueñas, the Supreme Court held: Where both parties to a reciprocal obligation substantially breach and the first infractor cannot be determined, the contract is deemed extinguished, each bears his own damages, and mutual restitution follows (Article 1192).
One leading Supreme Court case applying this provision.
Cases applying this article
- Viloria v. Continental Airlines
- Victoria Ong v. Ernesto Bogñalbal
- Tondo Medical Center v. Rolando Rante
- Oscar A. Jacinto v. Rogelio Kaparaz
- National Housing Authority v. A.G. Development Corporation
- Star Electric Corporation v. R & G Construction Development
- George C. Fong v. Jose V. Dueñas
- Goldloop Properties v. Government Service Insurance System
Other Supreme Court decisions also apply this article.