Page 289 - Important Provisions of The New Civil Code

Article 1169. Those obliged to deliver or to do

something incur in delay from the time the

obligee judicially or extrajudicially demands

from them the fulfillment of their obligation.

However, the demand by the creditor shall not

be necessary in order that delay may exist:

(1) When the obligation or the law expressly

so declare; or

(2) When from the nature and the

circumstances of the obligation it appears

that the designation of the time when the

thing is to be delivered or the service is to be

rendered was a controlling motive for the

establishment of the contract; or

(3) When demand would be useless, as when

the obligor has rendered it beyond his

power to perform.