Good Afternoon Everyone, we are the group one and for today we will discuss about Pure and

Conditional. So let’s start.

In ART. 1179 Every obligation whose performance does not depend upon a future or uncertain
event, or upon a past event unknown to the parties, is demandable at once.
Every obligation which contain a resolutory condition shall also be demandable, without
prejudice to the effects of the happening of the event. (1113)
The first sentence actually talk about pure obligation
Pure obligation- - Is one which is not subject to any condition and no specific date is mentioned
for its fulfillment and is, therefore, immediately demandable
- In short it is one without a term or condition and is demandable at once. Yung
performance ay walang kondisyon or term
- Pure obligation is literal pure na gagawin mo yun sa isang tao ng walang kundisyon
For example: A promise to give B 50,000 pesos on demand kaagad kasi walamg specific
term or kondisiyon kung kelan ibibigay.
Another example X promise to deliver specific car to Y.
That is immediately demandable since there is no term that must expire or there is no
condition that must happen for the obligation to be demandable.

Conditional Obligation- Is one whose consequences are subject in one way or another to the
fulfillment of a condition.
- In short may condition, pag nafulfill na yung condition, tska palang mag aarise ang
obligation.
- For example: I will give you laptop if you will pass your examination. As you can see
may condition na siya bago gawin yung obligation.

§ WHAT IS CONDITION UNDER THE LAW- Is a future and uncertain event, upon the
happening which, the effectivity or extinguishment of an obligation (or right) subject to it
depends.
§ BUT TAKE NOTE THAT CONDITION IT CAN ALSO REFER TO PAST EVENT
UNKOWN TO THE PARTIES.
§ 1. Future and uncertain – In order to constitute an event as a condition, it is not enough
that it be future; it must also be uncertain.
§ 2. Past but unknown– a condition may refer to a past event unknown to the parties.
§
- In future event dapat uncertain yung happening niya walang katiyakan kung mangyayare
or hindi.
- Pag past event ang importante unknown to the parties is still condition

Bakit nga ba pag future yung condition dapat uncertain? Kasi pag certain yan, future tapos
certain siguradong mangyayare hindi na siya conditional obligation, magiging oblication with a
term or with period na siya.

Two principal kinds of condition

 1. Suspensive Condition (condition precedent or condition antecedent) or one the
fulfillment of which will give rise to an obligation (or right).
- more likely sinususpend ang effectivity of the obligation hanggang sa maganap o
mangyare yung condition that’s the time na mag kakaron ng bisa or effectivity ang
obligation. No fullfilment no obligation

For example I will give you 1, 000 pesos if you will pass this subject.
It is suspensive because it suspense the demandability of the obligation
Until hindi mo pa napapasa yung subject na to wala pa akong obligasyon to give you
1,000 pesos and hindi mo pa pwede idemand na ibigay ko sayo yun kas inga hindi
mo pa napapass yung subject na to
2. Resolutory condition (condition subsequent) or one the fulfillment of which will
extinguish an obligation (or right) already existing.
- Kabaliktaran ng suspensive.
- The obligation takes effect at once. KAAGAD MAY OBLIGATION NA but it will
terminate upon the happening in the event of the condition

Okay again if suspensive condition is fulfilled the obligation arises ( magkakaron ng obligasyon)
while if resolutory condition that is fulfilled the obligation ay mawawala it will extinguished the
obligation.

So when is an obligation dmandable at once

- Ofcourse when it is pure

- Basahin ko muna yung nakalagay matatagpuan sa paragpraph 2

ART. 1183. Impossible conditions, those contrary to good customs or public policy and
those prohibited by law shall annul the obligation which depends upon them. If the
obligation is divisible, that part thereof which is not affected by the impossible or unlawful
condition shall be valid.
 The condition not to do an impossible thing shall be considered as not having been
agreed upon. (1116a)

Therefore it talks about Physically impossible conditions and Legally impossible condition
The two kinds of impossible conditions

1. Physically impossible conditions

- when they, in nature of things, cannot exist or cannot be done.
FOR EXAMPLE: I will pay you 100,000 if it will not rain for one year. Ofcourse it is impossible
dib ana hindi umulan sa buong taon so it is a nature of thing that cannot be done.

2. Legally impossible condition

- when they are contrary to law, morals, good customs, public order, or public policy.
FOR EXAMPLE: THE CONDITION IS TO KILL Someone (it is against the law)

SO WHAT ARE THE EFFECTS OF THIS IMPOSSIBLE CONDITIONS?

1. Conditional obligation void- Impossible conditions annul the obligation which depends
upon them
The example of the condition to kill someone is conditional obligation void.

2. Conditional obligation valid

- If the condition is negative, that is, not to do an impossible thing, it is disregarded and
obligation is rendered pure and valid.
FOR EXAMPLE: I will send you my land if you do not give me dog that talks
- The obligation are pure and therefore demandable at once.

3. Only the affected obligation void

- But when the obligation is divisible, that part thereof which is not affected by the
impossible or unlawful condition shall be valid.
- For example I will give you 10,000 pesos if you sell my land and car, if you kill Z.
- - so here the obligation to give 10,000 is valid but the obligation to give the car is void
because it is depend upon time a illegal condition

Only the condition void

- If the obligation is a pre existing obligation, and, therefore, does not depend upon the
fulfillment of the condition which is impossible, for its existence, only the condition is void.
FOR EXAMPLE I will give u 1 million pesos if you cannot make a dead man alive. That’s all
because di mo naman talaga mabubuhay ang taong patay na.
SO NEXTTT IN ARTICLE 1184

The condition that some event happen at a determinate time shall extinguish the obligation
as soon as the time expires or if it has become indubitable that the event will not take place.
(1117)
SO THIS ARTICLE REFERS TO

Positive condition
- The happening of an event at a determinate time. The obligation is extinguished:
(1) As soon as the time expires without the event taking place; or
(2) As soon as it has become indubitable that the event will not take place although the time
specified has not expired.

FOR EXAMPLE: I WILL GIVE YOU 2 MILLION PESOS IF YOU MARRY Z THIS YEAR
EH NATAPOS NA YUNG 2021 PERO DI MO PADIN PINPAKASALAN SI Z SO IT MEANS
NA EXTINGUISHED NA ANG OBLIGASYON KO. AS SOON AS THE TIME EXPIRES OR
IF IT HAS BECOME INDUBITABLE THAT EVENT WILL NOT TAKE PLACE.

FOR EXAMPLE NAMAN DON IS KAHIT HINDI PA TAPOS YUNG TAON PERO SI Z AY
NAMATAY So siya ay indubitable that the event will no take place, kasi wala ng chance na
makapag pakasal pa siya kay Z. so naextinguised na din yung obligation ko.

ART. 1185. The condition that some event will not happen at a determinate time shall
render the obligation effective from the moment the time indicated has elapsed, or if it has
become evident that the event cannot occur.
If no time has been fixed, the condition shall be deemed fulfilled at such time as may
have probably been contemplated, bearing in the mind the nature of the obligation. (1118)

SO THIS ARTICLE TACKLES ABOUT NEGATIVE CONDITION

Negative Condition
- That an event will not happen at a determinate time. The obligation shall become
effective and binding;
(1) From the moment of the time indicated has elapsed without the event taking place; or
For example: I will give you 800,000 pesos if you will not marry Z this year.
- kasi diba pag negative it means not to do. So pag natapos na ang year at hindi naman
kayo nag pakasal ni Z then I will be obliged to give 800,000 pesos
(2) From the moment it has become evident that the event cannot occur, although the time
indicated has not yet elapsed.
For example: So here, kahit hindi pa tapos yung taon pero namatay si Z so it become evident that
the event cannot occur. Which is di na mang yayare. This is negative condition so obliged ako
mag bayad ng 800,000 pesos.
IF NO TIME HAS BEEN FIXED, THE CONDITION SHALL BE CONSIDERED. TO
ARRIVE AT THE INTENTION OF THE PARTIES. THIS RULE MAY ALSO BE APPLIED
TO POSITIVE CONDITION
- So if walang date and time na naka indicate sa contrata the court will considered the
intention of the parties kung anong period ng aba ang intended ng parties

ART. 1189. When the conditions have been imposed with the intention of suspending the
efficacy of an obligation to give, the following rules shall be observed in case of the
improvement, loss or deterioration of the thing during the pendency of the condition:

(1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished;
(2) If the thing is lost through the fault of the debtor, he shall be obliged to pay damages;
it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in
such a way that its existence is unknown or it cannot be recovered;
(3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by
the creditor;

(4) If it deteriorates through the fault of the debtor, the creditor may choose between the
rescission of the obligation and its fulfillment, with indemnity for damages in either case;
(5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit
of the creditor;
(6) If it is improved at the expense of the debtor, he shall have no other right than that granted to
the usufructuary. (1122)

SO THIS PROVISION DISCUSSES ABOUT LOSS, DETERIORATION, AND

IMPROVEMENT DURING THE PENDENCY OF THE CONDITION

SO ALWAYS REMEMBER THAT THIS ARTICLE ONLY APPLIES IF

(1) The obligation is a real obligation;
(2) The object is a specific or determinate thing;
(3) The obligation is subject to a suspensive conditions;
(4) There is loss, deterioration, or improvement of the thing during the pendency of the
condition
LETS DEFINE FIRST THW LOSS

(1) Physical loss- it is when a thing perishes as when a house is burned and reduced to ashes;
(2) Legal loss—when a thing goes out of commerce
(3) Civil loss- when a thing disappears in such a way that its existence is unknown.
 LETS TALK ABOUT THE RULES IN CASE LOSS, DETERIORATION, OR
IMPROVEMENT OF THING DURING PENDENCY OF SUSPENSIVE CONDITION
(1) Loss of thing without debtor’s fault
- A Promise B to give his only car if B pass the board exam, pending the result of the board
exam, nasira totally yung car because of the earthquake which is a fortuitous event and
without the fault of A. So if B passed the exam, does A needs to give anything? The
things is loss without his fault, so the obligation is EXTINGUISHED. But it is because
tinutukoy nya is car niya which is specific thing.
- SO instead of his car ang promise ni A is to give 1 million pesos if B pass the board exam
so if the result is still pending and nag karon ng earthquake at ang pera ay nasunog ng
walamng fault ni A, so nung pumas ana si B ng board exam, does A needs still need to
give B 1 million pesos?
- Yes because money is a generic thing. They said genus never perishes
(2) Loss of thing through debtor’s fault
- So according to article 1189 if the thing is loss due to the fault of the debtor he shall pay
damages. So if yung car ay nasira dahil sa kapabayaan ni A he/she shall pay damages to
B.
(3) Deterioration of thing without debtor’s fault
- For example here is kung pending padin ang result ng board exam ni B, yung car ni A ay
nadetoriate kasi for example ang tagal pumasa ni B sa board exam kung inabot ito ng
years, so without the fault of A nadetoriate ngayon yung car. So will pogi will be liable
for the depreciation?
- According to artcle 1189, says when the thing detoriate without the fault of the debtor
impairment is to be borne by the creditor. Dahil wala naman fault si A si B ang mag
susuffer ng impairment.
(4) Deterioration of thing through debtor’s fault
- So now how is it if the car deteriorate because of A’s fault. What if hindi siya nag
exercise ng diligence of the good father of a family and pinabayaan niya lang yung
sasakyan as as result ng kapabayaan niya is ang laki ng nadeteriorate sa car. So here B
can choose either, rescission plus damages (which is cancellation siya ng agreement) or
fulfillment of the obligation plus damages ( ito naman yung ipapadeliver padin niya yung
car despite of damages)
(5) Improvement of thing at expense of debtor
- So here what if hindi naman nadeteriorate yung car but instead nag improve pa to or mas
may benefit pa
- So if it is improve by nature and time, si creditor padin ang mag bebenefit

- So what If naman na yung improvement ay dahil sa expense of the debtor

- Based in article 1189 you shall have o other right than that granted to the usufructuary
- So for example A installed airconditioner in the car and then after B passed the board
exam. A has the right to move the aircon unit provided that it will not caused distractions
or injury to the car otherwise kung ito ay makakaapekto sa car, A Is obliged to deliver the
car with the improvement because his right is only tht of usufructuarate parang u use a
enjoyment but the ownership is not yours.
ART. ART. 1190. When the conditions have for their purpose the extinguishment of an
obligation to give, the parties, upon the fulfillment of said conditions, shall return to each other
what they have received.
In case of loss, deterioration or improvement of the thing, the provisions which, with
respect to the debtor, are laid down in the preceding article shall be applied to the party who is
bound to return.
As for obligations to do and not to do, the provisions of the second paragraph of Article
1187 shall be observed as regards the effect of the extinguishment of the obligation. (1123)

Effects of fulfillment of resolutory condition

(1) In obligation to give- When the resolutory condition in an obligation to give is fulfilled,
the obligation is extinguished and the parties are obliged to return to each other what they
have received under the obligation.

First of all is the obligation is extinguished

Second is dapat the parties should return or restore to each other what they have received
including the fruits and interest.

Also guys it tells here that the Rule 1189 will apply to whoever has got a duty to return in case of
loss, deterioration, or improvement of the things.
For example: A give B a land in condition that B will not go to casino. An then after months B
still go to the casino so what happen in the obligation. The obligation of A is already
extinguished like as if there is no obligation happen. Therefore B needs to return the land and
fruits that received because maybe the land improve by nature by time so who benefits the
improvement? Ofcourse it’s A. because he is now the creditor, simula nung narecover nya yung
land. Because si B na yung may obligation to return si B na yung debtor, obligor and si A si
creditor or oblige.

(2) Obligation to do or not to do- In such obligations, the courts shall determine the
retroactive effect of the fulfillment of the resolutory condition as in the case where the
condition is suspensive.