Text of the provision
Art. 1227. 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)
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
The debtor cannot simply pay the penalty to escape performance unless that right was expressly reserved; nor can the creditor demand both performance and penalty at once, unless clearly granted. If, after choosing performance, it becomes impossible without the creditor's fault, the penalty may be enforced.
Related provisions
- Article 1226 — Effect of a Penal Clause.
- Article 1228 — Penalty Without Proof of Damage.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.