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    Script Report Sa Law

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    Nilagang Itlog
    There are two types of delay under Philippine law: ordinary delay and legal delay. Ordinary delay is the failure to perform an obligation on time without a breach. Legal delay, also called default or mora, is the failure to perform on time which constitutes a breach. For a debtor to be liable for damages due to delay, there must have been a demand from the creditor for performance on or after the agreed upon date. If no demand was made by the creditor, the debtor cannot be said to be in legal delay regardless of how much time has passed since the due date.

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    Script Report Sa Law

    Uploaded by

    Nilagang Itlog
    71 views3 pages
    There are two types of delay under Philippine law: ordinary delay and legal delay. Ordinary delay is the failure to perform an obligation on time without a breach. Legal delay, also called default or mora, is the failure to perform on time which constitutes a breach. For a debtor to be liable for damages due to delay, there must have been a demand from the creditor for performance on or after the agreed upon date. If no demand was made by the creditor, the debtor cannot be said to be in legal delay regardless of how much time has passed since the due date.

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    SCRIPT-REPORT-SA-LAW

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    There are two types of delay under Philippine law: ordinary delay and legal delay. Ordinary delay is the failure to perform an obligation on time without a breach. Legal delay, also called default or mora, is the failure to perform on time which constitutes a breach. For a debtor to be liable for damages due to delay, there must have been a demand from the creditor for performance on or after the agreed upon date. If no demand was made by the creditor, the debtor cannot be said to be in legal delay regardless of how much time has passed since the due date.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    71 views3 pages

    Script Report Sa Law

    Uploaded by

    Nilagang Itlog
    There are two types of delay under Philippine law: ordinary delay and legal delay. Ordinary delay is the failure to perform an obligation on time without a breach. Legal delay, also called default or mora, is the failure to perform on time which constitutes a breach. For a debtor to be liable for damages due to delay, there must have been a demand from the creditor for performance on or after the agreed upon date. If no demand was made by the creditor, the debtor cannot be said to be in legal delay regardless of how much time has passed since the due date.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 3

    Delay is something that is postponed or slowed but in term sa law may tinatawag

    tayong 2 klase ng delay.


    Principle in law “if there is no demand there is no delay”

    The ordinary delay is merely the failure to perform an obligation on time.


    Legal Delay or default or mora is the failure to perform an obligation on time
    which failure constitutes a breach of the obligation.

    EXAMPLE:
    Raul and Joey agreed that may idididliver na kotse si raul kay joey sa feb 20, 2023

    Supposing ngayong araw is march 20, 2023 na pero hindi parin nadedeliver ni raul
    yung kotse kay joey. Clearly there is delay.
    But The question is si raul kaya ay liable to pay damages kay joey dahil hindi niya
    nadeliver yung kotse sa date ng kanilang napagusapan. The answer is depende
    kung may ginawan demand si raul kay joey to deliver yung kotse sakanya.
    And kung si joey ay may demand na kay raul na ideliver yung kotse sakanya on or
    after feb 20, 2023 and still hindi parin nadeliver ni raul yung kotse kay joey in that
    case. Raul is liable to pay damages kay joey dahil merong demand na nangyari
    between joey at raul.

    Bali sa ibang salita kung walang demand ideliver yung kotse on or after feb 20,
    2023 and then lumipas na ng ilang months. Still si raul ay hindi liable to pay
    damages kay joey because there is no demand and there is no legal delay.
    Mora solvendi the delay on the part of the debtor to fulfill his/her obligation

    Mora accipiendi the delay on the part of the creditor to accept the performance
    of the obligation or in other words the Creditor refuses to accept the thing due
    without justifiable reason, bali si creditor nirefuse nya yung performance of
    obligation ni debtor.

    Compensatio morae or the delay of the obligors in reciprocal obligations.


    Ano nga ba ang ibig sabihin ng reciprocal obligation?
    Reciprocal obligation in as an obligation in which party is a debtor and a creditor
    of other.
    Example : Si Danny nag benta ng Toyota na kotse kay Manny sa halagang 500,
    000 pesos
    Sa pag deliver ng kotse ang debtor is si Danny at si Manny naman ang creditor
    Pero sap ag babayad ng 500, 000 pesos and si Manny ang debtor at si danny
    naman ang creditor
    This is an example of an reciprocal obligation dahil and isa pwede maging debtor
    at maging creditor.
    That means si creditor, debtor rin siya at si debtor creditor din siya.
    Sa compensatio morae both parties are in default meaning to say si creditor at si
    debtor ay parehas delay.
    In compensatio morae there is no delay or default kase parehas si creditor at
    debtor ay delay.
    Requisites of delay
    EXAMPLE :
    Si Maria ay umutang ng 5000 pesos kay Melanie. The obligation is due on feb 18
    Bali si maria ay may utang na 5000 pesos kay melanie at babayaran niya ito sa feb
    18
     Kung si maria ay hindi mag bayad ng 5000 pesos kay melanie sa feb 18, still
    si maria ay hindi parin delay. Bakit? Let’s recall gaya nga ng sabi ko kanina “
    if there is no demand there is no delay” hanaggat hindi pa nag dedemand
    ng obligation si creditor or still hindi parin delay si debtor.

     Pero kung si Melanie ay nag demand ng obligation kay Maria na mag bayad
    sa date na feb 18 and then si maria ay hindi parin nakapag bayad, that’s the
    time na si Maria ay consider as delay.

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