Text of the provision
Art. 1229. The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly complied with by the debtor. Even if there has been no performance, the penalty may also be reduced by the courts if it is iniquitous or unconscionable.
(1154a)
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 judge must reduce the penalty when the principal obligation has been partly or irregularly performed, and may reduce it even without performance if it is iniquitous or unconscionable. Courts routinely trim excessive penalty and interest stipulations under this article.
Related provisions
- Article 1228 — Penalty Without Proof of Damage.
- Article 1230 — Nullity of the Penal Clause vs. the Principal.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.