Text of the provision
Art. 1173. The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply. If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required.
(1104a)
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
Fault or negligence is the omission of the diligence required by the nature of the obligation and the circumstances of person, time, and place. Where the law or contract fixes no standard, the good father of a family standard applies; negligence showing bad faith is treated more strictly.
Related provisions
- Article 1172 — Liability for Negligence.
- Article 1174 — Fortuitous Events.
Cases citing this article
- Al Dela Cruz vs. Capt. Renato Octaviano and Wilma Octaviano, G.R. No. 219649, July 26, 2017 — read the decision on LawPhil →
- Romulo Abrogar and Erlinda Abrogar vs. Cosmos Bottling Company and Intergames, Inc, G.R. No. 164749, March 15, 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.