B.

Secondary Classification
1. Civil, natural and moral
 Art. 1161. Civil obligations arising from offenses shall be governed by the penal law.
 A natural obligation, on the other hand, is one which cannot be enforced by action,
but which is binding on the party who makes it in conscience.
 Moral obligations- The jurisprudence with respect to this question in this jurisdiction
is meager. It is, however, clear that where the moral obligation arises wholly from
ethical considerations, unconnected with any civil obligation and, as such, is not
demandable in law but only in conscience, it cannot constitute a sufficient cause or
consideration to support an onerous contract,187 but where such moral obligation is
based upon a previous civil obligation which has already been barred by the statute
of limitations at the time when the contract is entered into, it constitutes a sufficient
cause or consideration to support the said contract.

2. Legal (Art. 1158); conventional (Art. 1159); Penal (Art.1161)

3. Real and Personal

Real- is that in which the subject matter is a thing which the obligor must deliver to the
obligee.

Example: Yen as a seller binds himself to deliver a durian candy to Amy the buyer.

Personal- is that in which the subject matter is ana act to be done or not to be done.

a. Positive personal obligation- obligation to do or to render service. (ex. To repair the

shoes of L)
b. Negative personal obligation – obligation not to do; not to give. (not to build a fence)

4. Determinate and Generic (as to subject matter of obligation)

Article Summary
A person obligated to give something must take care of it with the diligence of a good father of
1163 a family, unless otherwise required by law or agreement.
 Article Summary
The creditor has the right to the fruits of the thing from when the obligation to deliver arises,
1164 but does not acquire a real right until delivery.
If the thing to be delivered is determinate, the creditor can compel delivery; if indeterminate or
generic, the obligation may be fulfilled at the debtor's expense. The obligor is responsible for
fortuitous events until delivery, especially if delaying or promising the same thing to multiple
1165 parties with different interests.
The obligation to give a determinate thing includes delivering all its accessions and accessories,
1166 even if not specifically mentioned.
If a person fails to fulfill an obligation to do something, it must be executed at their expense;
1167 the same applies if done contrary to the obligation, and poorly done tasks may be undone.
If the obligation is not to do something, and the obligor does it anyway, it must be undone at
1168 their expense.

Generic/ inderminate- it refers only to a class or genus to which it pertains and

cannot be pointed out with particularity.

Ex. A Bulova calendar watch; the sum of P1000; a 2019 Toyota car; a cavan of rice;
a police dog

Specific/ determinate- particularly designated or physically segregated from others

of the same class. (Art. 1459).

Ex. The watch I am wearing; the car sold to Sofia; my dog named “Caleb”; the
house at the corner of Alunan Street; the Toyota car with Plate number AAV 315;
this cavan of rice; the money I gave you

Difference

A determinate thing is identified by its A generic thing is identified only by its

individuality. The debtor cannot
substitute it with another although the
Katter is of the same kind and quality
without the consent of the creditor (Art.
1244)
specie. The debtor can give you
anything of the same class as long as it
is of the same kind.

5. Suspensive and resolutory

Suspensive condition—the fulfilment of this results in the acquisition of rights
arising out of an obligation.
Jurisprudence would tell us that when a contract is a subject to a suspensive
condition, its birth or effectivity can take place only if and when the event which
constitutes the condition happens or is fulfilled and if the suspensive condition
does not take place, the parties would stand as if the conditional obligation has
bever existed.
 Ex. Glea bound herself to deliver her only car to his son Jaro if the latter will pass
all his enrolled subjects this semester. Thus, if the atter will pass all his subjects,
Glea is obligated to deliver her only car to him.

When the consent of a party to a contract is given subject to the fulfillment of a

suspensive condition, the contract is not perfected unless that condition is first
complied with.

Resolutory- the fulfillment of such condition results to extinguishment of rights

arising out of the obligation.

Example: X gave his only car to his son Y with the agreement that the latter will
return said car if he fails the Licensure Examinations for Teachers. Thus, the
obligation is immediately demandable. However if he fails, he must return the car
because the happening of the condition extinguishes the obligation of X.

Suspensive Condition Resolutory Conditions

 If the SC is fulfilled, the
obligation arises or becomes
effective
 If the SC is not fulfilled, no
juridical relation is created.
 In SC, rights are not yet
acquired but there is HOPE or
expectancy that they will be
soon acquired.
 If the RC is fulfilled, the
obligation extinguished.
 If the RC is not fulfilled, the
juridical relation is consolidated.
 In RC, rights are already, but
subject to the threat of
extinction.

6. Positive (to give, to do) and Negative (not to give, not to do)
Positive- an obligation to give or to do.
Negative- an obligation no to do.

7. Unilateral and Bilateral

Unilateral- an obligation which only one party is bound to perform an obligation
like in a contract of donation and commodatum.
Bilateral- an obligation where both parties are reciprocally bound to perform an
obligation like in a contract of sale, lease, and barter.

8. Individual and Collective

 An obligation which involve only one subject.

An obligation which involves several subjects.

9. Accessory and Principal

Accessory obligation an obligation where its existence depends upon a principal
obligation like contract of pledge, real estate, mortgage, chattel mortgage, and
guaranty.
Principal obligation exists without depending upon another obligation.

10.As to object or prestation

Simple- an obligation with only one prestation
Multiple- an obligation with two or more prestations

Conjuctive- all must be performed

Distributive- one or some must be performed

Alternative- more than one prestation is due but one party may choose which
one. Several is due but only one must be fulfilled at the election of the debtor.
Facultative- there is a main prestation and a substitute prestation and it is the
debtor who chooses; Only one this is due but the debtor has reserved the right to
ubstitue it with another.

11. Possible & Impossible

a. Possible Condition is capable of realization according to nature, law, public

policy, or good customs.

b. Impossible Condition is not capable of realizations. It may either be:

 Physical, that is contrary to law of nature or

 Legal, that is contrary to law, morals, good customs, or public policy.