Lawyers Cooperative v. Tabora

LAWYERS COOPERATIVE PUBLISHING COMPANY v. PERFECTO A. TABORA

1965 / BAUTISTA ANGELO

FACTS

Perfecto Tabora bought from the Lawyers Cooperative Publishing Company a complete set of AmJur, plus a set of AmJur, General Index.

CONTRACT "Title to and ownership of the books shall remain with the seller until the purchase price shall have been fully paid. Loss or damage to the books after delivery to the buyer shall be borne by the buyer."

Tabora made a partial payment of P300.00, leaving a balance of P1,382.40. The books were delivered and receipted for by Tabora. On the same day, a fire broke out, burning down Tabora’s law office and library. Tabora immediately reported it to LCBC. The company replied and as a token of goodwill it sent to Tabora free of charge 4 Philippine Reports volumes.

As Tabora failed to pay the monthly installments agreed upon, LCBC filed an action to recover of the balance.

TABORA’S CONTENTIONS

• Contract: title to and the ownership of the books shall remain with the seller until the purchase price shall have been fully paid, so LCBC should bear the loss
• Even assuming that the ownership was transferred to Tabora, he should not answer for the loss: force majeure (no evidence that Tabora contributed in any way)

ISSUE & HOLDING

Who bears the loss? Tabora

RATIO

GENERAL RULE The loss of the object of the contract of sale is borne by the owner or in case of force majeure the one under obligation to deliver the object is exempt from liability

• THIS IS NOT APPLICABLE HERE Contract provides that loss or damage after delivery shall be borne by the buyer

FORCE MAJEURE DEFENSE FAILS

The rule only holds true when the obligation consists in the delivery of a determinate thing and there is no stipulation holding him liable even in case of fortuitous event.

• NOT PRESENT IN THIS CASE

The obligation is pecuniary in nature, and the obligor bound himself to assume the loss after the delivery.