Title
Labayen vs. Talisay Silay Milling Co., Inc.
Case
G.R. No. 29298
Decision Date
Dec 15, 1928
A sugar cane milling company was absolved from breach for not extending a railroad due to dangerous terrain and lack of right-of-way.

Case Summary (G.R. No. 29298)

Relevant Contractual Provisions

The written contract between the planter(s) and the central contained detailed reciprocal covenants. Material provisions included: (1) a covenant by the central to build and operate, without charge to producers, a permanent steam- or motor-run railroad for transportation of cane, sugar, fertilizer, and related needs, and to cause the main line or a branch to reach the plantation “not farther than one mile from any of the boundaries . . . whenever the contour of the land, the curves, and elevations permit the same”; (2) obligations of the producer to deliver cane and to plant at least half his lands in cane annually; and (3) mutual obligations, including clause 10, which provided that if the central was unable to secure, under reasonable conditions, required rights-of-way, it must notify the Committee of Producers and its obligations under the contract would be suspended in whole or in part during such incapacity, without incurring liability.

Factual Findings Pertinent to Performance

The trial court found — and the parties do not seriously dispute — that the central’s railway extended only to Hacienda Esmeralda No. 2 and did not reach Hacienda Dos Hermanos. Extending the railroad to Dos Hermanos would require traversing a distance of approximately four kilometers, necessitating steep grades (approx. 4.84% to 7%), 26 curves, and an estimated construction cost of about P80,000; engineering testimony indicated construction was possible but “very dangerous.” Moreover, the only practical route would cross lands owned by Esteban de la Rama, who refused permission for right-of-way in 1920 and only consented in 1924.

Legal Issue Presented

Whether the central’s failure to extend its railroad to Hacienda Dos Hermanos constituted a breach of contract giving rise to liability in damages, or whether the central was excused because performance was impossible, excessively dangerous, or prevented by the absence of a necessary right-of-way (an occurrence contemplated by the contract itself).

Controlling Legal Principles Cited

The court applied established contract law principles: a party is bound to perform what it has undertaken unless performance is rendered impossible by an act of God, operation of law, or by the other party. Mere inconvenience, increased expense, or hardship does not excuse performance; impossibility must be legal or physical. The decision cites Civil Code articles invoked in the opinion: Article 1272 (impossible things cannot be the subject of contracts) and Article 1184 (a debtor is relieved of obligations if fulfillment becomes legally or physically impossible). The court also referenced common-law authorities to illustrate the same general principle.

Application of Law to the Physical Impossibility Argument

The contract’s railway covenant was explicitly qualified by the phrase “whenever the contour of the land, the curves, and elevations permit the same.” Given the engineering evidence that extension to Dos Hermanos, while technically possible, would require very steep grades, numerous curves, and involve serious danger, the court treated the qualification as an implied condition limiting the central’s absolute duty. The court held that compelling performance that is dangerous or effectively physically impossible would be contrary to public policy and the law; therefore, the central’s obligation was not absolute in locations where terrain and physical conditions prevented safe, practicable construction.

Application of Law to the Right-of-Way Clause (Clause 10)

Clause 10 expressly contemplated the central’s possible inability to secure rights-of-way “under reasonable conditions” and provided that, upon such inability and notice to the Committee of Producers, the central’s contractual obligations could be suspended without liability during the period of incapacity. The factual finding that the necessary route to Dos Hermanos required crossing the lands of Esteban de la Rama, who refused permission in 1920, squarely fell within this contingency. The court treated the non-consent by the intervening landowner as the sort of circu

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