Text of the provision
Art. 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone.
(1098)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
If a person obliged to do something fails, or does it poorly or against the tenor of the obligation, it may be done at their expense, and defective work may be ordered undone. Personal service that requires the debtor's own act cannot be compelled by force, but substitute performance at the debtor's cost is available.
Related provisions
- Article 1166 — Accessions and Accessories.
- Article 1168 — Obligations Not to Do.
Cases citing this article
- Playinn, Inc. vs. Prudential Guarantee And Assurance, Inc, G.R. No. 254764, November 29, 2023 — read the decision on LawPhil →
- H.S. Pow Construction and Development Corp. vs. Shaughnessy Development Corporation, G.R. No. 229262, July 7, 2021 — read the decision on LawPhil →
- The Mercantile Insurance Co., Inc. vs. DMCI-Laing Corporation, Inc, G.R. No. 205007, September 16, 2019 — read the decision on LawPhil →
- Swire Realty Development Corporation vs. Specialty Contracts General and Construction Services, Inc. and Jose Javellana, G.R. No. 188027, August 9, 2017 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.