Definition in English: Default, also called legal delay or mora, is a culpable delay in performing an obligation after the debtor or obligor has become legally bound to perform and the requirements for delay are present. Ordinary lateness is not always legal default.
Paliwanag sa Filipino: Legal na pagkaantala o mora — Pagkaantala sa pagtupad ng obligasyon matapos matugunan ang mga rekisito upang magkaroon ng legal na delay.
Legal basis
Civil Code Article 1169. The rule must be read together with applicable amendments and controlling Supreme Court decisions.
What this term means
- As a rule, judicial or extrajudicial demand is required before delay begins.
- Demand is unnecessary in the exceptions stated by law, stipulation, the nature and circumstances of the obligation, or reciprocal obligations.
- Delay may expose the obligor to damages and, in some cases, liability even for subsequent events.
Example
A debt falls due on June 1, but the agreement does not make demand unnecessary. The debtor’s legal delay may begin only after a valid demand, depending on the terms and applicable exception.
Related civil law terms
Solidary Obligation · Fortuitous Event · Rescission
What to read next
When a demand letter is required · When a debtor is in delay (mora) · Resolution under Article 1191 · Browse obligations content · Return to the Civil Law Glossary
Important note
This glossary entry is an educational explanation of Philippine civil law. The English definition states the primary legal concept. The Filipino explanation is provided to make the concept easier to understand and is not an official translation of the Civil Code, Rules of Court or Supreme Court decisions. Consult the controlling legal text and qualified counsel for a specific dispute.
Jurisdiction: Philippines
Last reviewed: September 2026