Art 1248
Unless there is an express stipulation to that effect, the creditor cannot be compelled partially to receive the prestations in which the obligation consists. Neither may the debtor be required to make partial payments.
However, when the debt is in part liquidated and in part unliquidated, the creditor may demand and the debtor may effect the payment of the former without waiting for the liquidation of the latter.
Performance Should be generally be complete
Under Art. 1233 of the Civil Code, a debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered, as the case may be. Hence, partial performance is not allowed generally under Art. 1248.
Exceptions
Partial performance is allowed:
When there is stipulation to this effect;
When the different prestations are subject to different conditions or different terms;
(Example: a debt payable in installments)
When a debt is in part liquidated and in part unliquidated, in which case performance of the liquidated part may be insisted upon either by the debtor or the creditor.
Case Related to Art 1248
Consolidated Industrial Gases, Inc. vs. Alabang Medical Center
Ponente: Reyes, J.
Facts:
The case involves a dispute between Consolidated Industrial Gases, Inc. (CIGI) and Alabang Medical Center (AMC) over the installation of a medical gas pipeline system. CIGI entered into a contract with AMC to provide labor and materials for the installation of the system.
AMC failed to pay the remaining balance of the contract price, claiming that CIGI did not fulfill its obligations under the contract. CIGI filed a collection suit against AMC, seeking payment of the outstanding balance.
Issue:
Whether CIGI's demand for payment from AMC is proper.
Ruling:
The Court of Appeals (CA) reversed the Regional Trial Court's (RTC) decision, ruling that it was CIGI who breached the contract by failing to complete the project and turn over a fully functional system. The Supreme Court upheld the CA's ruling.
Ratio:
The Court found that CIGI had not fulfilled its obligations under the contract, as it failed to conduct the agreed test run and orientation/seminar.
CIGI's obligation was not limited to providing labor and materials, but also included performing a test run and conducting a seminar.
Therefore, CIGI's demand for payment was not proper. The Court rejected AMC's counterclaim for rescission of the contracts, as the breaches committed by CIGI were not substantial enough to warrant rescission.
The Court ordered CIGI to fulfill its obligations under the contracts, including conducting a test run and seminar, and turning over a fully functional system.
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