- Statute
- Civil Code
- Article
- Art. 1197
- 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
- Formerly
- Art. 1128a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
If the obligation does not fix a period, but from its nature and the circumstances it can be inferred that a period was intended, the courts may fix the duration thereof. The courts shall also fix the duration of the period when it depends upon the will of the debtor. In every case, the courts shall determine such period as may under the circumstances have been probably contemplated by the parties. Once fixed by the courts, the period cannot be changed by them. (1128a)
Intellegal Wiki · In plain terms
If a contract sets no period for performance but its nature and circumstances show one was intended, courts may fix a reasonable duration; they also set the period when performance is left to the debtor's will. The court aims for the term the parties probably contemplated, and once it fixes the period it cannot afterward change it.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Camp John Hay Development Corporation v. Charter Chemical G.R. No. 198849
- Enrique C. Abad v. Goldloop Properties G.R. No. 168108
- Guerrero Estate Development Corporation v. Leviste & Guerrero Realty Corporation G.R. No. 253428
- Escuyos v. Evangelista G.R. No. 230761
- Socorro T. Clemente v. Republic of the Philippines (Department of Public Works G.R. No. 220008