Contravention of the tenor
Those who in the performance of their obligations are guilty of the following are liable for damages: a) fraud; b) negligence; c) delay; and d) in any manner contravene the tenor thereof.[1]
“In any manner contravenes the tenor” means any illicit act, which impairs the strict and faithful fulfillment of the obligation, or every kind of defective performance. In the case of Arrieta v. NARIC,[2] the Supreme Court held that the faithful observance of an obligation according to its tenor is mandated by law; an unexcused failure thereof renders the obligor liable for losses and damages caused thereby.
[1] Article 1170, Civil Code.
[2] Arrieta v. NARIC, 10 SCRA 79.
