Civil Code Art. 1227: Different Kinds of

Statute: Civil Code
Article: Art. 1227
Topic: Different Kinds of Obligations
Book: BOOK IV Obligations and Contracts
Title: TITLE I Obligations
Chapter: CHAPTER 3 Different Kinds of Obligations
Formerly: Art. 1153a of the old Civil Code
Year: 1949

The provision

The debtor cannot exempt himself from the performance of the obligation by paying the penalty, save in the case where this right has been expressly reserved for him. Neither can the creditor demand the fulfillment of the obligation and the satisfaction of the penalty at the same time, unless this right has been clearly granted him. However, if after the creditor has decided to require the fulfillment of the obligation, the performance thereof should become impossible without his fault, the penalty may be enforced. (1153a)

Cases applying this article

Antonio M.A Barretto v. Tomas Cabreza G.R. No. 10318
Walter Easton v. E. Diaz & Company G.R. No. 10012

Related provisions in this Chapter

Civil Code, Art. 1226 Different Kinds of Obligations
Civil Code, Art. 1225 Different Kinds of Obligations
Civil Code, Art. 1229 Different Kinds of Obligations
Civil Code, Art. 1221 Different Kinds of Obligations
Civil Code, Art. 1217 Different Kinds of Obligations
Civil Code, Art. 1216 Different Kinds of Obligations
Civil Code, Art. 1215 Different Kinds of Obligations

Civil Code, Art. 1227 is found in CHAPTER 3 Different Kinds of Obligations of TITLE I Obligations of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

Browse the Civil Code

Continue your research on Intellegal

Search Philippine statutes on Intellegal →

Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.