Pure

– not dependent on a future or uncertain event

Conditional
– dependent on the fulfillment of an uncertain thing to happen;

2 Types of Condition
1. Suspensive – the obligation will only come to birth upon fulfillment; no rights yet
2. Resolutory – obligation will cease upon fulfillment; immediately demandable

Potestative Condition (v. Casual – 3rd party, chance, partial v. Mixed)

– condition is solely dependent on one of the will of the parties
– If it is solely dependent on the will of the debtor, it is void

Exceptions:
– dependent on the will of the debtor but resolutory
– when there is a pre-existing obligation

Period/Term
– it is a thing or event that is certain to happen which establishes the cause of action for the juridical tie;
enforcement or resolution is suspended until such term is established

2 Types of Period/Term
1. Suspensive – enforcement is suspended
2. Resolutory – immediately demandable; the obligation will cease upon fulfillment

For whose benefit is the period?

– it is presumed to have been established for the benefit of both the creditor and the debtor, unless
appearing otherwise

When does the debtor lose his right to make use of the period?
1. He becomes insolvent
2. Did not deliver to the creditor guaranties or securities which he has promised
3. Impaired security through his own acts or through fortuitous event, unless he gives a new security
equally satisfactory
4. He violates undertaking in consideration of extension of period
5. Debtor attempts to abscond

Tacit Resolutory Condition

– in reciprocal obligations, when one of the obligors fails to comply, the power to rescind obligations is
implied WITH damages

Extrajudicial Rescission of Reciprocal Obligations

1. Right is expressly provided for in the obligation
2. Neither of the parties has fulfilled their obligation, wholly or partially (TOLENTINO)

Alternative Obligation
– an obligation wherein there are several prestations involved and the person bound is obligated to
perform one or some of them.
Right to Choose
– Choice generally belongs to the debtor but may be expressly given to the creditor or to a 3 rd party.
Debtor must not go against the creditor. It is actually an obligation to choose!!!

Limitations of the Right to Choose

1. Contrary to law
2. Impossible prestations
3. The choice was never contemplated to be part of the obligation or not yet due and demandable
4. Due and demandable but enforcement is dependent on the creditor or when the period fixed is solely
for the benefit of the creditor
5. Cannot choose part of one prestation and part of another

Is there a delay in Alternative Obligation?

– No, it is not enforceable unless the choice has been made which makes the obligation simple. Except
in cases when the debtor delays in choosing and communicating, 1167 shall apply (creditor will execute
at the cost of the debtor)

Facultative Obligation
– an obligation wherein one prestation has been agreed upon but the debtor may render another in
substitution

Examples of Negative Condition

– NOT TO DO

Joint and Solidary (Presumption)

– Concurrence of 2 or more creditors or of 2 or more debtors in one and the same obligation
– Joint obligation is always presumed because it is less burdensome
– Solidary - debtors are liable to each other, creditors are agents to each other

Instances when Solidarity is presumed:

(You can compel any debtor/creditor for all; Passive/Active/Mixed)
1. Expressly stipulated
2. Law requires solidarity (mutual support of mother and father to child in Family Code)
3. Nature of Obligation requires

Divisble and Indivisible (Presumption)

– whether or not the obligation is susceptible of partial fulfillment
– always presumed INDIVISIBLE

When Divisibility is presumed:

1. Expressly stipulated
2. Law requires so
3. Nature of the obligation requires divisibility

De Buen Doctrine
– The act of a joint creditor which would ordinarily interrupt the period of prescription would not be
valid because the indivisible character of the obligation requires collective action of the creditors (De
Buen/ Art. 1209)
Obligation with a Penal Clause
– An obligation to which an accessory undertaking is attached for the purpose of insuring its
performance by virtue of which the debtor is bound to pay a stipulated amount or perform a stipulated
performance in case of breach

What is a Penal Clause?

– An accessory undertaking attached to an obligation to assume greater liability on the part of the
debtor in case of breach of obligation

Can the court lessen the penalty?

– (Art. 1229) The judge shall equitably reduce the penalty when the principal obligation has been partly
or irregularly complied with by the debtor, or even without performance if it is iniquitous or
unconscionable.

Two-Fold Purpose of the Penal Clause

1. To provide for liquidated damages
2. To strengthen the coercive force of the obligation by threat of greater responsibility in the event of
breach