DIFFERENT KINDS OF OBLIGATION

1179
PURE AND CONDITIONAL OBLIGATIONS
- Kung walang condition or walang period demandable sya at once
CONDITIONAL OBLIGATION
- Nakadepend sa condition na pwedeng maconsider na future or uncertain events, pwede
ding past event pero unknown sa both parties; Kapag may “if” may condition yan
EX: Ashley promised manly to buy her ice cream if manly passes her accounting exam.
OBLIGATION - Buy manly ice cream
CONDITION - Pass the exam

1181
Types of conditions
ACCORDING TO ITS EFFECT ON OBLIGATION
1. Suspensive - Conditions that cause the birth of the obligation
2. Resolutory - Conditions that cause the extinguishment of the obligation, kabaliktaran ng
suspensive; dito may obligation na involved

1182
Types of conditions
ACCORDING TO WHOSE WILL IT DEPENDS
1. Potestative Condition - Fulfillment depends upon the will of one of the parties (maybe
potestative on the part of creditor or debtor); sole will
- Kapag yung yung condition ay nakadepende sa will ni debtor o ni creditor
Potestative on the Part of the debtor
● If suspensive - the obligation in vi
2. Casual Condition - fulfillment depends upon chance and/ or will of a third person.
- Dapat walang influence si debtor at creditor don sa third person
3. Mixed Condition - Fulfillment depends partly upon the will of one of the parties and
partly upon the chance and/ or of a third person
1183
Impossibles conditions - Kapag nakabind fully void, kapag hindi partially void lang
1. Physically Impossible conditions - Conditions that is naturally impossible to happen
Ex of Physically Impossible Conditions - Swim across the pacific ocean, Resurrect from
dead.
2. Legally Impossible Conditions - Conditions that is naturally possible to happen/fulfill
but is contrary to law, morals, good customs, or public policy
Ex of Legally Impossible Conditions - kill, marriage of siblings, slap your mother.

1185
Positive and Negative Condition
Positive Condition - It refers to usually will do, will give,
Negative Condition - will not do, will not give
1186
The condition shall be Deemed fulfilled when the obligor voluntary prevents its fulfillment

1187
RETROACTIVE EFFECTS IN SUSPENSIVE CONDITIONS
Retroactive effect – effect to a prior time or to conditions that existed or originated in the past

1. To give – kapag may nag promise na may ibibigay si obligor, the moment or the time na
nag promise sya, kay creditor na yung bagay na ibibigay nya.
Unilateral Obligation – Fruits and interest received shall be appropriated by the debtor.
Reciprocal Obligation – Fruits and interest are deemed mutually compensated. Wala ng fruits
na involved simpleng deliver at bayaran lang magaganap

2. To do, Not to do – the court shall determine the retroactive effect; hangga’t hindi pa
sinasabi ng korte ang desisyon nya with regards to retroactive effect wala tayong
iaassume na retroactive effect.
1188
a. Creditor right before the fulfillment of suspensive condition
- Merong karapatan yung creditor na magbring ng action regarding don sa preservation
nung bagay kahit hindi pa due date nung obligation.
b. Debtors right to recover payment made before fulfillment of condition

1189
CONDITIONAL OBLIGATIONS
Lost, Deterioration and Improvement of a thing during the dependency of the condition
1. Kapag gawa ng fortuitous event maeextinguished yung obligation
2. D
3. Deteriorate - may konting sira
4. D
5. A
6. Kahit na ginastusan mo yung bagay na yon para sa improvement bawal mo na
mareimburse yon. Ang pwede mo lang gawin ay tanggalin yung mga improvements na
ginawa mo or wag nalang, bawal mo tanggalin kapag magcacause ng damage don sa
product

1190
 1179

Pure and conditional obligations

Pure obligation- not subject to any conditions and no specific date.

immediately demandable. Si creditor can rely on the wording of “upon

demand”.

Ex: si debtor he obliges to pay the creditor C 1,000. The obligation is immediately
demandable. If, there is no condition and a date is mentioned for its fulfillment.

Halimbawa nangutang ako ng 1,000 kay Erika, at sinabi ko na babayaran ko sa

last month. Di immediately kasi may specific date.

Conditional Obligation- Obligation is subject to condition. Merong requisites na

requirement.

-Past but unknown and must be not impossible

Ex: Death is a period. It is certain to happen dapat you don’t know kelan
mangyayari.

Upon passing the subject obligation- condition but uncertain.

Condition- is a future and uncertain even

Suspensive obligation- Fulfillment of a suspensive condition will give rise to an

obligation or right. Demandability is suspensive until the happening of the condition.

-You can’t demand the fulfillment of the obligation until the condition has been
fulfil. Ex. B will give atty uy. 10,000 if she pass the bar exam (april 2021). She can’t
demand pa kasi hindi pa na fulfill. Kapag hindi nakapasa hindi siya pwede mag demand
kay B dahil hindi existed.

2. Resolutory Condition- Fulfillment of a resolutory condition will

extinguish an obligation or right already existing.

-The obligation is already due and demandable, but the happeding of the
condition will extinguish or terminate the obligation or the right acquired by virtue of that.
Mawawala kapag nangyari na

Ex. April, A will give B, 1,000 every day until she graduate college. immediately
demandable. Kapag nag graduate no more obligation na kay A. Existing obligation-
1,000 every day.

When is an obligation demandable at once?

 1. when the obligation is pure.

2. when the obligation is subject to a resolutory condition.

3. when the obligation is subject to a resolutory period.

1180

Babayaran kapag kaya ko na magbayad, pasok sa article 1180- duration of period upon the will
of debtor.

Period- is a future and certain event. Ex: death, dates future but certain to happen.

When is an obligation demandable at once? when obligation is pure.

period and certain to happen- dates(January 30,2021), in the future, that's certain to happen. We
need to know kelan ba nangyayari ang duration depends upon the will of the debtor? When
a debtor promises to pay when his means permit to do so. Kapag sinabing magbabayad si
debtor kapag kaya niya na.

What’s left on the will of the debtor is only the duration of the period? Valid kasi sure na
magbabayad. Sure na magbabayad pero yung duration lang ng period ang hindi alam kung kelan.

Ex: when the debtor binds himself to pay later. Anytime na may money, don magbabayad. It is
dangerous kung walang period.

1181

Effects of happening of condition

1. Acquisition of rights- Suspensive condition

2. Laws of rights already acquired- Resolutory condition.

1182

Depends upon the sole will of the debtor, the conditional obligation shall be void.

Depends upon the will of a third person, the obligation shall take effect in conformity with the
provisions of this Code.

Potestative condition- suspensive in nature and dependent upon the sole will of one of the
parties.

Suspensive conditions depend upon the debtors, or the will of the creditor.

Suspensive condition depends upon the will of the debtor, the conditional obligation shall be
void. Fulfillment of obligation.

Condition is void and obligation is also void.

Ex: debtor: if di niya na ifulfill ang obligation, wala na.

Sinabi ko kay Erika na can i borrow 10,000, at babayaran ko kung kelan ko gusto. Or kung gusto
ko. It is considered- Conditional obligation, the fulfillment of wish solely depends upon the
debtor. Walang period.

- I will pay you after I receive a loan from the bank, what if hindi nareceive? Edi hindi
makakapag bayad. Hindi mafulfill ang obligation. That’s why void.

Only the condition is void- Obligation is pre-existing one and, therefore, does not depend for its
existence upon the fulfillment of the debtor.

If an obligation is a pre-existing one, the obligation remains valid and only the condition is
invalid.

Ex: si debtor borrowed 20,000 from the creditor, which is payable in two months. The debtor
promise to pay the creditor after he sells his car, to which the creditor agreed. May period, kasi
valid babayaran in 2 months.

What if hindi mabenta? The condition is void because it depends upon the sole will…. Legally
demanded pa rin si debtor.

What’s the effect if the suspensive condition depends on the sole will of the creditor? Such
obligation VALID since the creditor is always interested on the fulfilment of the obligation.
What’s the effect if the RESOLUTORY condition depends upon the sole will of the debtor?
OBLIGATION IS VALID.

-If the condition is resolutory in nature, like the right to repurchase in a sale with paco de
retro, the obligation is VALID although its fulfilment depends the sole WILL of DEBTOR.

Ex: kung anong binili niya marerepurchase pa rin niya

Casual Condition- if the suspensive condition depends upon chance or upon the will of a
third person, the obligation is VALID.

Ex: if a building contractor obliges himself in favor of the building owner to repair at
building contractors expense, any damages that maybe cost to the building by any
earthquake within 10 years from the date of the completion of its construction.

The chance- kapag nag earthquake, suspensive condition.

Mixed condition- Depends partly upon chance and upon the will of a third person.

Ex: dapat defect dahil sa earthquake and dapat may judgement. Ang third person ay
witness.