Art.

1179 - 1182

Abgao, Charrem S.
Article 1179:

Every obligation whose performance does not depend upon a

future or uncertain event, or upon a past event unknown to the
parties, is demandable at once.
Every obligation which contains a resolutory condition shall also
be demandable, without prejudice to the effects of the happening of
the event.
Pure Obligation

Pure Obligation
– an obligation which is not subject to any condition and no
specific date is mentioned for its fulfillment and is,
therefore, immediately demandable.

Example:
Mr. Handsome obliges himself to pay Ms. Cute P500.
Pure Obligation

An Obligation is Demandable at Once –

1. When it is Pure
2. When it is subject to a Resolutory Condition
3. When it is subject to a Resolutory Period
Conditional Obligation

Conditional Obligation
– one whose consequences are subject in one way or another to
the fulfillment of a condition.

Condition
– a future and uncertain event, upon the happening of which, the
effectivity or extinguishment of an obligation or rights subject to it
depends.
Two Requisites of a Condition:

1. Future and Uncertain Event

2. Past Event Unknown to the Parties
Two Principal Kinds of Condition:

1. Suspensive Condition – one the fulfillment of

which will give rise to an obligation.
Example:
Ms. Dimple will sell the land if it is adjudicated to
her in division of her deceased father’s estate.
Two Principal Kinds of Condition:

2. Resolutory – one the fulfillment of which will

extinguished an obligation already existing.
Example:
Ms. Cute, in payment of his debt to Mr. Handsome,
binds herself to give Mr. Handsome P10,000 monthly
allowance until Mr. Handsome graduates from College.
Article 1180:

When the debtor binds himself to pay when his means

permit him to do so, the obligation shall be deemed to be
one with a period subject to the provisions of Article 1197.
Duration of Period Depends Upon the Will
of Debtor

Period
- A future and certain event upon the arrival of which the
obligation subject to it either rises or is extinguished.

When does the obligation demandable?

- When one party ask the court to fixed the date.
Article 1181:

In conditional obligations, the acquisition of rights, as

well as the extinguishment or loss of those already
acquired, shall depend upon the happening of the event
which constitutes the condition.
Effect of Happening of Condition:

1. Acquisition of Rights – In obligations subject to a

suspensive condition, the acquisition of rights by the
creditor depends upon the happening of the event
which constitutes the condition.
Example:
Effect of Happening of Condition:

2. Loss of Rights Already Acquired – In obligations subject

to a resolutory condition, the happening of the event which
constitutes the condition the condition produces the
extinguishment or loss of rights already acquired.
Article 1182:

When the fulfillment of the condition depends upon the

sole will of the debtor, the conditional obligation shall be
void. If it depends upon chance or upon the will of a third
person, the obligation shall take effect in conformity with
the provisions of this Code.
Potestative Condition:

Potestative Condition – A condition suspensive in nature

and which depends upon the sole will of one of the
contracting parties.
a. Potestative on Debtor + Suspensive = Void
b. Potestaive on Debtor + Resolutory = Valid
c. Potestative on Part of Creditor = Valid
Exceptions to the Voidability of
Potestative Condition:
1. Resolutory
2. Pre-existing Obligation
Casual Condition:

Casual Condition – If the suspensive condition depends

upon chance or upon the will of a third person, the
obligation subject to it is valid.

Casual = Valid
Mixed Condition:

Mixed Condition – The obligation is valid if the suspensive

condition depends partly upon chance and partly upon
chance and partly upon the will of a third person.
Mixed = Valid