Text of the provision
Art. 1192. 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)
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
When both parties have breached, the court equitably tempers the liability of the first infractor. If it cannot be determined who breached first, the obligation is extinguished and each bears their own damages.
Related provisions
- Article 1191 — Rescission of Reciprocal Obligations.
- Article 1193 — Obligations With a Period; Day Certain.
Cases citing this article
- Sps. Alexander and Julie Lam vs. Kodak Philippines, Ltd, G.R. No. 167615, January 11, 2016 — read the decision on LawPhil →
- Tondo Medical Center, represented by Dr. Maria Isabelita M. Estrella vs. Rolando Rante, doing, G.R. No. 230645, July 1, 2019 — 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.