STUDY GUIDE: Arts.

1193-1198 (Obligations with a Period)

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CHAPTER 3, Section 2
Obligations with a Period
(Arts. 1193-1198)

1. Meaning of an obligation with a period. – It is an

obligation the performance of which depends upon the
arrival of a period or term. (Art. 1193)

Example: I will give you P100,000.00 on 30

June 2021.
obligation
period

2. A period distinguished from a condition. – A

period is a future and certain event, while a condition is a
future and uncertain event.

 Examine the example in No. 1 above. 30 June

2021 is considered a period because it refers to an event
which is both in the future and which is certain, i.e., a day
certain which must necessarily come.

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 Article 1193, par. 3, however, states that a

period can also refer to a day certain which must
necessarily come although it may not be known when. In
other words, if we are sure that an event will surely
happen, except that we just do not know the exact day
when it will happen, the event is still considered a period.

Example No. 1: I will give you P100,000.00, if your father

will die.
obligation
period

“If your father will die” is an example of a period

because it is a future event and at the same time a certain
event. The death of a person is a certain event. What is
uncertain only is the day when it will come, but it is sure to
come.

Example No. 2: I will give you P100,000.00, if your father will die
on 30 June 2021.
obligation condition

“If your father will die on 30 June 2021” is an example

of a condition, because it is a future event and at the same
time uncertain. While the death of a person is a certain
event, the event itself becomes uncertain when a date is

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specified for the happening of the event. Thus, it is certain

that your father will die. But it becomes uncertain
whether he will really die on 30 June 2021.

3. Article 1193 also distinguishes between the two

kinds of period or term according to effect:

(A) Suspensive Period - An obligation with a suspensive

period arises or becomes demandable only upon
arrival of the period. (Art. 1193, par. 1)

Example: I will deliver to you my car six

months from now.
obligation
suspensive period

If this promise is made on 30 June 2020, the

debtor’s obligation to deliver the car will become
demandable only on 27 December 2020.

(B) Resolutory Period - An obligation with a resolutory

period becomes demandable at once, but terminates
or is extinguished only upon arrival of the period.
(Art. 1193, par. 2)

Example: I will lend you my car for two years.

obligation resolutory period

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If this promise is made on 30 June 2019, the debtor

will immediately deliver the car to the creditor on that
same day. The creditor can use the car for two years until
30 June 2021, when the creditor will be obliged to return
the car back to the debtor. In this case, the arrival of the
period, 30 June 2021, has the effect of terminating or
extinguishing the debtor’s obligation to the creditor.

4. ART. 1194. – In a specific real obligation subject to

a suspensive period, if there is loss, deterioration or
improvement of the thing to be delivered before the
arrival of the period, the rules previously studied in Article
1189 will also apply.

 Review the rules under Article 1189.

5. ART. 1195. – Premature payment (payment before

the arrival of the period) by mistake.

 It is always presumed that the debtor is aware

of the period for his obligation. Hence, if he pays
prematurely, he can no longer recover from the creditor
what he has paid.
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 However, if the debtor pays prematurely, and

he is able to prove at the same time that:

(a) he was unaware of the period; or

(b) he believed that the obligation has become due and

demandable;

the debtor can recover from the creditor what he has paid,
plus fruits and interest.

 Example: On 1 January 2019, D signed a promissory

note in favor of C which states, “I promise to pay C the
amount of P100,000.00 on 1 January 2021 plus 10% annual
interest in the amount of P10,000.00.”

 On maturity date, 1 January 2021, D will be liable

to pay C the amount of P100,000.00 plus P20,000.00
(computed interest for two years), or a total of
P120,000.00.

 Let us assume that D mistakenly believed that his

obligation was already due on 1 January 2020. He then
paid C the total amount of P120,000.00. On 2 February
2020, however, D found out that his obligation was not
actually due until 1 January 2021.

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Question: Can D recover what he paid to C on 1 January

2020? If yes, how much?

Answer: It is clear from the facts that D here made an

erroneous payment on 1 January 2020, or one year earlier
than the due date of his obligation. Hence, he can still
recover his payment because C has no right to demand
payment earlier than the period specified in the obligation
which is 1 January 2021. The amount, however, that D can
recover from C on 2 February 2020 is not the entire
P120,000.00 paid but only P110,000.00 – that is, the
P100,000.00 principal plus the P10,000.00 interest for the
year 2020 which is not yet due. The P10,000.00 interest
for the year 2019 is already due as of 31 December 2019
and can therefore no longer be recovered. On 1 January
2021, C can already demand from D payment of the
principal debt (P100,000.00) plus the remaining 10%
interest for the year 2020 (P10,000.00).

 This provision is based on solutio indebiti, i.e,

the creditor cannot unjustly enrich himself by collecting
payment even if it is not yet due. Hence, if the creditor
collects payment from the debtor before the debt is due,
the creditor is obliged to return it. Collection will have to
be made again when the debt matures or becomes due.

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6. ART. 1196. - When a period is specified for the

performance of the obligation, it is presumed that the
period is established for the benefit of BOTH the debtor
and the creditor. The exception only is when the
obligation specifies that the period is established for the
benefit of either the debtor or the creditor only.

(A) Effect when the period in an obligation is

established for the benefit of BOTH the DEBTOR and the
CREDITOR –

(A.1.) The debtor cannot make premature payment

to the creditor. The creditor has the right to refuse the
payment if the debtor pays prematurely.

(A.2.) The creditor cannot collect prematurely. The

creditor cannot compel the debtor to pay before the
maturity date.

 Example: On 1 January 2020, D borrowed

P100,000.00 from C due for payment on 31 December
2020 plus 10% interest. D cannot pay and compel C to
accept payment before 31 December 2020. Neither can C

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demand payment, and compel D to pay before 31

December 2020.

Reason: It is presumed that both parties will benefit from

the period designated in the obligation. D is benefited
because he can use the money for one year. C is also
benefited because of the interest the money would earn
for one year.

Question: What if D offers to pay his obligation on 30 June

2020, plus interest corresponding to one year, does C have
the right to refuse payment?

Answer: C cannot refuse payment because if the interest

for one year was to be paid by D, C would not be losing his
benefit under the obligation despite premature payment
by the debtor D.

(B) Effect when the period in an obligation is

established for the benefit of the DEBTOR ONLY –

(B.1.) The debtor can make premature payment to

the creditor, and can legally compel the creditor to accept
payment before the due date of the obligation. However,
the creditor cannot demand premature payment from the
debtor, and cannot legally compel the debtor to pay

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before the due date of the obligation if the debtor refuses

to pay.

 Example: On 1 January 2020, D borrowed

P100,000.00 from C due on or before 31 December 2020
without interest. D may pay C the P100,000.00 at any time
before 31 December 2020 if D wants, and can legally
compel the creditor to accept his payment. However, C
cannot compel D to pay before 31 December 2020 if D
does not want to make the payment yet.

(C) Effect when the period in an obligation is

established for the benefit of the CREDITOR ONLY –

(C.1.) The creditor can demand premature payment

from the debtor, and can legally compel the debtor to pay
before maturity date of the obligation. However, the
debtor cannot make premature payment to the creditor,
and cannot legally compel the creditor to accept his
payment before the maturity date of the obligation if the
creditor refuses to accept his payment.

 Example: On 1 January 2020, D borrowed

P100,000.00 from C due on 31 December 2020, or upon
demand by C. D cannot compel C to accept payment on
30 June 2020, if C does not want to accept payment yet.
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However, C may demand from D payment of the

P100,000.00 at any time before 31 December 2020, and D
cannot refuse to pay if the demand is made by C.

7. ART. 1197. – The general rule is that if the

obligation does not fix a period and no period is intended
by the parties, the courts are not authorized to fix a period
for the parties. Under Article 1197, there are, however,
two (2) instances when the courts are authorized to fix the
period for the parties:

(A) When no period is fixed by the parties in an

obligation, but a period was really intended for the
performance of the obligation. (Article 1197, par. 1)

 Example: D agreed to construct the house of C. The

parties failed to fix the period within which the
construction is to be finished. It has been two years now
but still D has not finished constructing the house which by
its area should have been finished in 14 months. C can go
to court, and ask the court to fix a period. Here, the court
can fix the term for it is obvious that the parties intended
that D should construct the house within a certain period.
The court will then state: “D is given until 15 December
2020 within which to finish the construction.” If D does
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not finish the construction until 15 December 2020, D will

already be considered in legal delay, and will now be liable
for damages.

(B) When the period depends upon the will of

the debtor. (Article 1197, par. 2)

 An example of this is Article 1180 which states

that, “(W)hen the debtor binds himself to pay when his
means permit him to do so, the obligation shall be deemed
to be one with a period, subject to the provisions of article
1197.”

 Example: On 1 January 2018, D promised to pay C

P100,000.00 if he has the money. This is an obligation
with a period, and the period depends on the sole will of
the debtor. After more than two years, or on 30 August
2020, C went to D to collect the debt but D still insists that
he does not have the money yet to pay C.

Question: What is the remedy of C?

Answer: C can go to court, but he cannot file an action for

specific performance as yet because there is no period
fixed for the performance of the obligation. For the same
reason, D cannot be considered in legal delay. What C can
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do is ask the court first to fix a period. Then the court will
then state: “D is given until 15 January 2021 within which
to pay his P100,000.00 obligation to C.” If on 15 January
2021 D still fails to pay his debt to C, it is only this time that
C will have the right to file an action for specific
performance against D, and to claim for damages by
reason of legal delay on the part of D.

8. ART. 1198. - The general rule is that when a period

is fixed in an obligation, the creditor cannot demand the
performance of the obligation before the designated
period. Article 1198, however, provides for the
exceptions. In other words, the creditor may demand
premature payment in the following instances enumerated
under Article 1198:

(A) When the debtor becomes insolvent, unless

he gives a guaranty or security for the debt. (Note: The
insolvency in this case need not be judicially declared.)

 Example: On 15 January 2020, Arjo borrowed

P500,000.00 from Sylvia due and payable on 15 January
2021. On 5 June 2020, Sylvia learned of the insolvency of
Arjo. In this case, Sylvia can already demand for the

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payment of Arjo’s P500,000.00 debt as of 5 June 2020

without waiting for 15 January 2021, unless Arjo gives a
guaranty or security for the debt.

(B) When the debtor does not give to the

creditor the guaranty or security he promised.

 Example: On 15 July 2020, Marissa borrowed

money from Gilbert in the amount of P300,000.00 due for
payment on 15 January 2020. She likewise obliged herself
to deliver to Gilbert, not later than 30 July 2020, her
Omega wrist watch to serve as security for the obligation.
If Marissa fails to deliver her Omega wrist watch as
promised, Gilbert can already demand for the payment of
his P300,000.00 credit on 30 July 2020, or at any time
thereafter before the stipulated maturity date on 15
January 2020.

(C) When the guaranty or security given have

been impaired due to the debtor’s fault, or have
disappeared because of a fortuitous event; unless the
debtor immediately gives a new guaranty or security which
is equally satisfactory.

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 Example: In a promissory note dated 15 January

2020 signed by Ramil in favor of Renalyn, he promised to
pay his P500,000.00 debt to her on 15 January 2021. To
secure the obligation, he delivered and pledged his Rolex
watch worth P650,000.00 to Renalyn. On 3 August 2020,
three armed men forced their entry into Renalyn’s home
and took with them her entire vault where all jewelry and
other valuables were kept, including the Rolex watch of
Ramil. Under the facts, do you think Renalyn can compel
Ramil to pay his P500,000.00 debt even before maturity
date because the security given has been lost?

(D) When the debtor violates any promise

made to the creditor, and the promise was the reason why
the creditor agreed to the period.

 Example: Sasha loans P100,000.00 to Gaby

payable six months thereafter provided that Gaby will
paint the kitchen of Sasha within two weeks. If Gaby fails
or refuses to paint the kitchen of Sasha within the two
weeks agreed upon, Sasha can demand at once the
payment of the P100,000.00 even before maturity date.
This is because Gaby has violated the undertaking which
was the consideration why Sasha agreed to extend to him
the loan.
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(E) When the debtor attempts to abscond.

 Example: On 15 June 2020, Jessie borrowed

P800,000.00 from Monna payable on 30 January 2021. On
2 December 2020, Monna could not contact Jessie. He
seemed to have changed his mobile number without
notifying Monna of his new contact number. When
Monna visited his last known address, she found out that
Jessie had changed his address without informing her of
his new one. Under the facts, it becomes apparent that
Jessie has the intention of evading the payment of his
obligation to Monna. Hence, Monna can immediately take
steps to collect on her credit without waiting for the
maturity date of the obligation.

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APPLICATION/PROBLEMS:

1. On 15 January 2020, Myla promised to give Darius

P100,000.00 if his Dad will die on or before 15 December
2020. Is this a conditional obligation or an obligation with
a period? (Art. 1193)

2. On 15 October 2020, Millie promised to give Kaleb

her Toyota Vios on 15 January 2021. The parties agreed
that if Millie is not able to perform her obligation, she will
be liable to Kaleb for the monetary value of the car in the
amount of P750,000.00. On 2 November 2020, while
Millie’s brother was driving the car, a ten-wheeler truck
beat the red light and sideswiped the Toyota Vios,
seriously injuring Millie’s brother, and completely wrecking
the car beyond repair. Under the facts, on maturity date
of the obligation, can Kaleb demand from Millie the
monetary value of the car in the amount of P750,000.00?
[Art. 1194, applying Article 1189 (1) & (2)]

3. In the immediately preceding question, assume

that the car was not totally wrecked. After repairs were
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made on the car, its value, however, depreciated from

P750,000.00 to P600,000.00. On 15 January 2021, when
Millie delivers the car to Kaleb upon his demand, will Millie
be obliged to pay Kaleb the car’s depreciation cost in the
amount of P150,000.00? [Art. 1194, applying Article 1189
(3)]

4. In Question No. 2 above, assume that the accident

was due to the fault of Millie’s brother who was drunk
while driving the car. On 15 January 2021, Kaleb
demanded for the delivery of the car from Millie. When
Kaleb, however, found out that the car had been
depreciated in its value by P150,000.00, he refused to
accept delivery of the car and instead demanded that
Millie deliver to him the amount of P750,000.00, the
assessed value of the car at the time of the perfection of
their contract. Is Kaleb’s herein demand legally justified?
[Art. 1194, applying the rule in Article 1189 (4)]

5. On 15 December 2020, Marla obliged herself to

deliver to Jerby her BMW car worth P5 million on 14
February 2021. On 15 January 2021, Marla had the BMW
repainted with AutoHaus BMW in Makati. She spent

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P360,000.00 for the special repainting job. On 14 February

2021, Marla delivered the car to Jerby and demanded from
Jerby reimbursement of the repainting cost in the amount
of P360,000.00. Is Marla’s demand under the
circumstances legally justifiable? [Art. 1194, applying
Article 1189 (5) & (6)]

6. On 1 January 2019, Dulce borrowed P200,000.00

from Kirby payable on 1 January 2021, with 20% interest
annually. On 1 January 2020, thinking that the obligation
was already due, Dulce paid Kirby P200,000.00 plus
P80,000.00 interest. On 3 January 2020, Dulce realized
that her debt was not yet due until a year after. Hence,
Dulce went to Kirby to recover her payment. May Dulce
recover from Kirby under the circumstances? If so, how
much? (Art. 1195)

7. On 1 January 2020, Dax borrowed P150,000.00

from Cris. As security for the payment of his debt, Dax
pledged with Cris a Rolex Date Just watch worth
P225,000.00 which he bought from Hong Kong. It was
agreed by the parties that Dax was to pay back the money
loaned, with 10% interest per annum, on 31 December
2020. On 2 September 2020, Dax went to Cris offering
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payment of the loan, plus interest corresponding to 8

months, and at the same time redemption of the Rolex
watch pledged. Cris, however, refused to accept his
payment as well as the return to Dax of his Rolex watch.
Was Cris legally justified in refusing the payment of Dax?
(Art. 1196)

8. On 1 January 2019, Delson borrowed P1M from

Corina. Delson promised in writing to pay back the
amount to Corina on 31 December 2020 at 10% interest
per annum. On 31 December 2019, Delson offered to pay
the amount of P1.1M to Corina, which covered the
principal amount of the loan plus 10% interest on the loan
for one year. Corina willingly accepted the payment
without reservation, and issued Delson a receipt for the
payment. On 1 February 2020, however, Corina asked his
lawyer to send a demand letter to Delson claiming
payment of the balance of P100,000.00 pertaining to the
interest on his principal loan and corresponding to the
period from 1 January 2020 to 31 December 2020. Corina
maintains that since the period for the payment of the
loan was established for the benefit of both the debtor
and the creditor, the debtor had no right to make
premature payments. Corina also avers that if Delson
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insists on paying prematurely, he can only be allowed to

do so after paying the interest computed up to the period
agreed upon by the parties, i.e. P200,000.00. Is Corina’s
argument legally tenable? (Art. 1196)

9. On 15 January 2020, Benny signed a promissory

note in favor of Kim with the following tenor: “I promise to
pay Kim the amount of P250,000.00 on or before 15
January 2021.” As security for the obligation, Benny
delivered to Kim the diamond bracelet of his wife worth
P350,000.00, and the parties also signed a contract of
Pledge to evidence the agreement. (Art. 1196)

(a) If Kim decides to collect on the obligation

on 30 August 2020, since she is in dire need of the money,
can she legally compel Benny to make the payment?

(b) What if it is Benny who offers to pay his

obligation on 15 September 2020, can he compel Kim to
receive the payment on said date, and deliver to him the
diamond bracelet object of the pledge?

(c) Assume that Benny did not make payment

on the obligation but decides to tender payment of the
P250,000.00, with legal rate of interest, on 30 January
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2030, to recover the diamond bracelet of his wife. Kim,

however, contends that the action (being based upon a
written contract) has already prescribed on account of the
fact that ten (10) years had already elapsed from the time
the contract of pledge was executed between the parties.
Will Benny’s action to recover the bracelet from Kim at
such time still prosper?

10. On 15 January 2019, Sarah borrowed P50,000.00

from Toby due for payment “within two years on
demand.” On 30 August 2019, since Sarah already had the
money, she went to Toby tendering payment of the
P50,000.00 because she wanted to free herself from her
indebtedness. Toby, however, refused to accept the
payment. Under the facts, is Toby’s refusal to accept the
payment legally justified? (Art. 1196)

11. Where an obligation is subject to a suspensive

condition which is potestative on the part of the debtor,
that conditional obligation is void. (Article 1182) What if
the obligation is subject to a suspensive period, the arrival
of which depends upon the sole will of the debtor, will the

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obligation be likewise void? Give an example of the two

kinds of obligations herein referred to. (Art. 1197, par. 2)

12. Arvin obliged himself to pay Wella his P100,000.00

loan “as soon as possible”. Six months thereafter, Wella
demanded payment from Arvin but the latter refused to
pay. What is the remedy of Wella under the factual
circumstances of this case? Can she outrightly file an
action in court for specific performance or collection to
compel Arvin to pay his obligation? (Art. 1197, par. 2)

13. On 30 June 2020, Malusog Medical Equipments,

Inc. sold to Dr. Katakutan a portable x-ray machine for
P1.2M. MMEI agreed to accept payment for the machine
in four equal quarterly installments until 30 June 2021, but
asked for a collateral. Dr. Katakutan then mortgaged to
MMEI a 2020 MB 100 which was being used by his
infirmary as ambulance. On 15 September 2020, the MB
100, while parked outside the NAIA Terminal 3 awaiting
the arrival of a patient, was carnapped and was no longer
recovered. After notice of the incident, MMEI, on 20
September 2020, demanded for payment of the entire
P1.2M from Dr. Katakutan. Dr. Katakutan, however,

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refused to pay the total price for the machine. Dr.

Katakutan contends that he cannot be made liable for the
whole obligation because under the parties’ agreement,
he was given until 30 June 2021 within which to pay for
the contract price in four equal quarterly installments.
Besides, Dr. Katakutan states, the collateral he furnished
to MMEI was lost not through his own fault but by virtue
of a fortuitous event. Is Dr. Katakutan’s argument legally
justifiable? (Art. 1198, par. 3)

14. On 30 June 2020, Feline borrowed P200,000.00

from Gardo due for payment on 30 June 2021. Two
months thereafter, Gardo found out from her mother that
Feline had changed residence, without informing Gardo
where she had relocated. Worst, Gardo could not contact
her old mobile number, and none of her friends knew of
her whereabouts. On 5 August 2020, Gardo received a tip
from her sister that they saw Feline working as a saleslady
at SM, San Fernando, Pampanga. Gardo immediately went
to Pampanga and demanded from Feline payment of the
P200,000.00. Feline, however, refused to make payment
alleging that the collection was premature considering that
the debt was not due for payment until 30 June 2021. Is
the argument of Feline tenable? (Art. 1198, par. 5)
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 END OF LECTURE 

HAPPY READING & LEARNING! 

SOURCES of NOTES:

The discussions outlined in this lecture

have been collectively lifted from the
cases cited and commentaries made by
the authors in the following references,
to wit:

1. Alconera, Virgilio P. Obligations and Contracts.

Quezon City: Central Book Supply, Inc.; 2009.

2. Aquino, David Robert C., Cruz, Aristeo R. Obligations

and Contracts. Quezon City: Central Book Supply, Inc.;
2016.

3. Aralar, Reynaldo B. Obligations and Contracts Law

and Jurisprudence. Mandaluyong: National Book
Store; 2008.

4. Austria, Salvador E., Aquino, Timoteo B.

Fundamentals of Obligations and Contracts. Quezon
City: Central Book Supply, Inc.; 2009.
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5. De Leon, Hector S., De Leon, Hector M. Jr. The Law on

Obligations and Contracts. Manila: Rex Book Store;
2011.

6. Jurado, Desiderio P. Comments and Jurisprudence on

Obligations and Contracts. Manila: Rex Book Store;
2010.

7. Pineda, Ernesto. Obligations and Contracts. Quezon

City: Central Book Supply, Inc.; 2009.

8. Saguinsin, Artemio T. Elements of Obligations and

Contracts. Mandaluyong: National Book Store; 2009.

9. Soriano, Fidelito R. Obligations and Contracts (Law

and Application). Manila: GIC Enterprises & Co., Inc.;
2011.

10. Suarez, Carlos B., Suarez, Alexander Q. The Law on

Obligations and Contracts. Manila: GIC Enterprises &
Co., Inc.; 2011.

11. Torres, Justo P. Jr. Obligations and Contracts. Manila:

Rex Book Store; 2003.

12. Ulep, Mauricio. A Bar Oriented Approach to the Law

on Obligations and Contracts. Quezon City: Central
Book Supply, Inc.; 2016.

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Prepared by:

Atty. Harriet B. Reyes Linsangan

25 May 2021

FOOD FOR THOUGHT

“Self-discipline is the only power which can keep you energized

even in the toughest of the circumstances.”
Sukant Ratnakar

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