G.R. No. L-27454 - Chaves vs. Gonzales

In early July 1963, plaintiff-appellant Rosendo O. Chaves delivered his portable typewriter to defendant-appellee Fructuoso Gonzales, a typewriter repairer, for routine cleaning and servicing.
Despite repeated reminders and assurances by the defendant, the repair was not completed within a reasonable time.

In October 1963, the defendant requested ₱6.00 from the plaintiff for spare parts, which was paid. On October 26, 1963, exasperated by delay, the plaintiff demanded the return of his typewriter. The defendant returned it “in shambles,” with the interior cover, some parts, and screws missing.
On October 29, 1963, the plaintiff formally demanded the missing parts, the interior cover, and the ₱6.00 spent on spare parts (Exhibit D). The next day, the defendant returned some of the missing parts, the cover, and the ₱6.00.
On August 29, 1964, the plaintiff had the typewriter repaired by Freixas Business Machines at a cost of ₱89.85 (labor and materials, Exhibit C).
On August 23, 1965, the plaintiff filed suit in the City Court of Manila (Civil Case No. 65138), claiming:

The trial court found the contract perfected, the defendant in breach, and the value of the missing parts at ₱31.10 (Exhibit C). It awarded the plaintiff only ₱31.10 plus costs.
The plaintiff appealed directly to the Supreme Court, contending he should recover the full cost of repair under Civil Code Article 1167 and that moral, temperate damages, and attorney’s fees were likewise proper. The defendant argued that, because no period was stipulated, Article 1197 required the plaintiff to petition for a fixed period before declaring breach.

Whether, in a contract of repair without a stipulated period for performance, the obligee must first obtain a court–fixed period under Article 1197 before declaring breach.
Whether, upon breach by non-performance (and contravention of the tenor of the obligation), the obligee is entitled to recover the entire cost of executing the obligation (labor and materials) under Article 1167.
Whether the defendant is also liable for missing parts under Article 1170.
Whether claims for temperate damages, moral damages, and attorney’s fees may be awarded in the absence of specific allegations and proof.