HANDOUT NO.

Classification of Conditions –

(1) As to effect:
a) Suspensive – when the fulfillment of the condition results in the
acquisition (gives rise) of rights arising out of the obligation.
b) Resolutory – when the fulfillment of the condition results in the
extinguishment of rights arising out of the obligation.

(2) As to form:
a) Express – when the condition is expressly and clearly stated.
b) Implied – when the condition is merely inferred or tacit.

(3) As to possibility:
a) Possible – when the condition is capable of fulfillment, legally
(according to nature, law, public policy or good customs) and
physically.
b) Impossible – when the condition is not capable of fulfillment, legally or
physically.

(4) As to cause or origin –

a) Potestative – when the fulfillment of the condition depends upon the
will of one of the contracting parties to the obligation.
a) Casual – when the fulfillment of the condition depends upon chance
or upon the will of a third person.
b) Mixed – when the fulfillment of the condition depends partly upon the
will of a party to the obligation and partly upon chance and/or the will
of a third person.

(5) As to mode –
a) Positive – when the condition involves the performance of an act.
b) Negative – when the condition involves the non-performance/omission
of an act.

(6) As to numbers –
a) Conjunctive – when there are several conditions, all of which must be
fulfilled/realized.
b) Alternative – when there are several conditions, only one or some of
which must be fulfilled/realized.

(7) As to divisibility –
a) Divisible – when the condition is susceptible of partial performance.
b) Indivisible – when the condition is not susceptible of partial
performance.

Sources: The Law on Obligations and Contracts – Hector S. De Leon, 2012 ed.
Obligations and Contracts – Desiderio Jurado, 2011 edition
A. Villegas