Art 1180 in relation to art 1197  What are the different kinds of obligation as to

origin?
 What is an obligation with a period?
The different kinds of obligation as to origin includes:
obligation with a period is that neither the obligee
may demand performance nor obligor perform his  Potestative – the condition depends upon the
obligation before the arrival of the period agreed will of one of the contracting parties.
upon for the period in so constituted for the benefit  Casual – the condition depends upon chance or
of the two parties to the obligation. upon the will of a third person.
 Mixed – the condition depends partly upon
 When a debtor says that he will pay when his
chance and partly upon the will of a third person
means permit him to do so, it is an obligation
with a period or an obligation with a condition?
The obligation is not conditional but with a period.  What kind of condition will render the
The payment here does not depend upon the will of conditional obligation void?
the debtor. Since we are referring to the time of
effectivity, we consider it a term or a period.
Where the potestative condition depends solely upon the
will of the debtor, the conditional obligation shall be
void because its validity and compliance are left to the
 What are other words which may be construed
will of the debtor.
to this effect?
(a) Little by little
(b) As soon as possible
(c) From time to time  Cite an instance when only the condition is void
(d) At any time, I have the money and not the entire obligation?
(e) In partial payments: and D borrowed P10,000 from C payable within two months.
(f) When I’m in position to pay. Subsequently, D promised to pay C “after D sells his
car” to which C agreed. In this case, only the condition
is void but not the pre existing obligation of D to pay C.
 What would be the remedy of the creditor in
case of undue delay in the fulfilment of the
obligation?  What will happen if the suspensive condition
depends on the sole will of the creditor?
According to art.1197, the court shall fix the duration of
the period when it depends upon the will of the debtor.
If the condition depends exclusively upon the will of the
Art 1181 creditor, the obligation is valid. Because its up for the
creditor to enforce his right or not
 Differentiate suspensive from resolutory
condition. Give example each
 What will happen if the resolutory condition
If the suspensive condition is fulfilled, the obligation
depends on the sole will of the debtor? Creditor?
arises, while if it is the resolutory condition that is
fulfilled, the obligation is extinguished. If the condition is resolutory in nature, like the right to
repurchase in a sale with pacto de retro, the obligation is
example
valid, although its fulfillment depends upon the sole will
(Suspensive) I will give you 500,000 if you pass the bar of the debtor. The position of the debtor when the
exam. condition is resolutory is the same as that of creditor
when the condition is suspensive.
(resolutory) I will give you monthly allowance of 15,000
until you pass the bar exam.
 What will happen if the obligation depends on a
casual obligation?
Art 1182
Under casual obligation, if the suspensive condition
depends upon chance or upon the will of a third person,
the obligation is subject to it is valid.
 What will happen if the obligation depends on a
mixed condition?
On a mixed condition the obligation is valid if the
suspensive condition depends partly upon chance and
partly upon the will of a third person.
Art 1182, application
 I promised to give you P1,000 when I feel like
it. Question: what kind of obligation exist? What
is the status of the obligation?
The obligation that exist is conditional obligation
wherein the suspensive condition depends upon the will
of debtor. Both the conditions and obligations are void.
 I promised to give you P1,000 I owe you when I
feel I like it. Question: what kind of obligation
exist? What is the status of the obligation?
The obligation exist is conditional obligation, and the
suspensive condition depends upon the debtor. Only the
condition is void because the obligation is pre existing
one which does not depend upon the fulfillment by the
debtor.
 I promise to give you P1,000 whenever you’d
ask for it. Question: what kind of condition
exist? What is the status of obligation?
The kind of obligation is conditional obligation wherein
suspensive condition depends upon will of creditor. And
if the condition depends upon the will of creditor, the
obligation is valid.
 I promise to give you P1,000 if it rains
tomorrow. Question: what kind of condition
exist? What is the status of obligation?
 I promise to give you P1,000 if it rains
tomorrow and your brother will give me the
money he owes me. Question: what kind of
condition exist? What is the status of obligation?
Art 1183
 What are the kinds of condition according to
possibility? Discuss
1. Possible – the condition is capable of
fulfillment, legally or physically.
2. Impossible – the obligation is not capable of
fulfillment, legally or physically.
 What are the kinds of impossible conditions?
1. Physically impossible condition – when they, in
nature of things cannot exist or cannot be done.
2. Legally impossible conditions – when they are
contrary to law, morals, good customs, public
order, or public policy.
 As a general rule, what is the effect when a
positive personal obligation dependent on an
impossible condition? Cite an instance when
only part of the obligation is void, cite an
instance when only the condition is void.
 As a general rule what is the effect when a
negative personal obligation is dependent on an
impossible condition?
Article 1183 application
 I promise to give you a car if you kill Mayor A.
what kind of condition exist? What is the status
of obligation?
 I promise to give you a car if you kill Mayor a
and a house and lot if you marry C. Question:
what kind of obligation exist? What is the status
of the obligation?
 I promise to pay you P1,000,000 I owe you if
you kill Mayor A. Question: what kind of
condition exist? What is the status of
obligation?
 I promise to give you a car if you will not kill
Mayor A. Question: what kind of condition
exists? What is the status of the obligation?
Only the effected obligation is void- if the obligation is
divisible, the part thereof not affected by the impossible
condition shall be valid
Art 1184
 In what kind of conditional obligations does art
1184 apply?
It applies to a positive suspensive condition
 When is an obligation extinguished in obligation
with positive suspensive condition?
(1) As soon as the time expires without the event
taking place.
(2) As soon as it has become indubitable that the
event will not take place although the time
specified has not expired.
Art 1184, application
 I promise to give you a house and lot if you will
pass the May 2021 CPA board exam. Question:
when will the right to demand house and lot be
extinguished?
Art 1185
 In what kind of conditional obligation does art
1185 apply?
It applies to a negative suspensive condition.
 When is an obligation extinguished in obligation
with negative suspensive conditions?
(1) From the moment the time indicated has
elapsed without the event taking place.
(2) From the moment it has become evident that
the event cannot occur, although the time
indicated has not yet elapsed.
 What will happen if no time has been fixed for
the fulfillment of the condition?
If no time is fixed, the circumstances shall be considered
to arrive at the intention of the parties. This rile may
also be applied to a positive condition.
Art 1185, application
Art 1186
 What will happen if the debtor purposely
prevents the fulfillment of the obligation with
resolutory condition.
The law does not require that the obligor acts with
malice or fraud as long as his purpose to prevent the
fulfillment of the condition. He should not be allowed to
profit from his own fault or bad faith prejudice of the
obligee.
 What will happen if the creditor purposely
prevents the fulfillment of the obligation with
resolutory condition.
Obligation with resolutory condition with respect to the
debtor who is bound to return what he has received
upon the fulfillment of the condition.

Art 1187