OBLIGATONS

WITH A PERIOD
 ARTICLE 1196

Whenever in an obligation a period is

designated, it is presumed to have been
established for the benefit of both the
creditor and the debtor, unless from the
tenor of the same or other circumstances it
should appear that the period has been
established in favor of one or of the other.
(1127)
WHEN A PERIOD IS DESIGNATED IN
THE PERFORMANCE OF AN
OBLIGATION, IT IS PRESUMED THAT
THE PERIOD IS INTENDED FOR THE
BENEFIT OF BOTH THE CREDITOR
AND DEBTOR SUCH AS LOAN WITH
INTEREST
 SIMPLIFIED

Anumang bagay na nabayaran o

naipadala bago dumating ang
takdang panahon o naniniwalang
ang obligasyon ay tapos na at
nagawa na, ay maaaring maibalik pa
kasama ang bunga at interest.
 PRESUMPTION AS TO BENEFIT OF
PERIOD

In an obligation subject to a period fixed by the

parties, the period is presumed to have been
established for the benefit of both the creditor
and debtor. This means that before the expiration
of the period, the debtor may not fulfill the
obligation and neither may the creditor demand
it’s fulfillment without the consent of the other
especially if the latter would be prejudiced or
inconvenienced thereby.
 EXCEPTIONS TO THE
GENERAL RULE

The tenor of the obligation or the circumstances

may, however, show that it was the intention of the
parties to constitute the period for the benefit of
either the debtor or the creditor.

1) Term is for the benefit of the debtor alone – he cannot be

compelled to pay prematurely , but he can, if desires to
do so
2) Term is for the benefit of the creditor – he may demand
fulfillment even before the arrival of the term but the
debtor cannot require him to accept payment before the
expiration of the stipulated period
 COMPUTATION OF TERM
OR PERIOD

1) The administrative code of 1987, however, provides;

LEGAL PERIODS – ‘year’ shall be understood to be

twelve calendar months; “month” of thirty days,
unless it refers to a specific calendar month in which
case it shall be computed according to the number of
days the specific month contains; ‘day’ to a day of
twenty-four hours; and ‘night’ from sunset to sunrise.
(chap. VIII, book I, Sec. 31 thereof.)
 QUIZ; TRUE OR FALSE

1. An obligation with a period is one whose effects or consequences are

subjected in one ay or another to the commencement or beginning of said
period or term.
2. A period and condition distinguished that as to fulfillment a period refers
only to the future while a condition may refer also to a past event unknown
to the parties;
3. There are 2 kinds or period or term.
4. Definite period is when it is not fixed or it is not known when it will come.
5. Legal period is when it is provided for by laws;
6. Legal period is ‘year’ shall be understood to be twelve calendar months;
7. There are 5 instances in article 1198
8. The debtor shall lose every right to make use of the period when the debtor
attempts to abscond.
9. Suspensive period is the obligation that begins only from a day certain upon
the arrival of the period.
10. Article 1195 applies not only to obligation to give.
 ANSWERS; TRUE OR FALSE

Answers
1. Expiration or arrival
2. A period is certain vent which must happen sooner or later at a date
known beforehand , or at a time which cannot be determined, while a
condition is an uncertain event.
3. 3
4. Indefinite period
5. TRUE
6. TRUE
7. TRUE
8. TRUE
9. TRUE
10. Only
 ENUMERATION

1. According to source
2. According to definiteness ☻ SUSPENSIVE PERIOD
☻ PERIOD OR TIME
3. According to effect ☻ LEGAL PERIOD
4. 2 cases under ☻ JUDICIAL PERIOD
☻ INDEFINITE PERIOD
☻ RESOLUTORY PERIOD
☻ CONVENTIONAL PERIOD
☻ DEFINITE PERIOD
☻ AS TO TIME