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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. (PURE OBLIGATION; also dont have
specific date)
Every obligation which contain a
resolutory condition shall also be
demandable, without prejudice to the effects
of the happening of the event.
Conditional Obligation- one whose
consequences are subject in one way or
another to fulfillment of a condition
Kinds of Conditional Obligation:
Suspensive Condition (antecedent) - the
fulfillment of this condition will give rise to an
obligation; if this condition does not exist
there is no legal tie; until this condition
exists, the obligation is a mere hope.
Resolutory Condition (subsequent)- the
fulfillment of this condition will extinguish an
obligation that already exists; if this
condition exists, the tie of the law is
consolidated; until this condition exists, there
is an obligation.
Characteristics of a Condition:
Future and uncertain
Past but unknown- the knowledge to be
acquired in the future of a past event which
at the moment is unknown to the parties
interested.
When is an obligation demandable at
once:
When it is pure
When it is subject to a resolutory
condition
When it is subject to a resolutory
period
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.
Period- is a future and uncertain event upon
the arrival of which the obligation subject to
it either arises or is extinguished.
Article 1181- In conditional obligations, the
acquisition of rights (suspensive
condition) , as well as the
extinguishment or loss of those already

acquired (resolutory condition), shall


depend upon the happening of the event
which constitutes the condition.
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 a chance or
upon the will of a third person, the obligation
shall take effect in conformity with the
provisions of this code.
Classifications of Conditions:
(1)As to effect:
Suspensive
Resolutory
(2)As to form:
Express-clearly stated
Implied-merely inferred
(3)As to possibility:
Possible-capable of fulfillment
Impossible-not capable of fulfillment
(4)As to cause or origin:
Potestative- the condition depends
upon the will of one of the contracting
parties
Causal-the condition depends upon
chance or upon the will of a third
person
Mixed-the condition depends partly
upon chance and partly upon the will
of a third person
(5)As to mode:
Positive- consists in the performance
of an act
Negative- consists in the omission of
an act
(6)As to Numbers:
Conjunctive- there are several
conditions and all must be fulfilled
Disjunctive-there are several
conditions and only one or some of
them must be fulfilled
(7)As to Divisibility:
Divisible- susceptible of partial
performance
Indivisible-not susceptible of partial
performance
Potestative Condition- is
Suspensive in nature
Where suspensive condition depends
upon will of debtor:
The conditional obligation is void
because its validity and compliance is

left to the will of the debtor and it cant


be easily demanded.
Only the condition is void if the
obligation is a pre-existing one and does
not depend for its existence upon the
fulfillment by the debtor of the potestative
condition.
When suspensive condition depends
upon the creditor:
If the condition depends exclusively
upon the will of the creditor, the
obligation is valid.

When resolutory condition depends


upon will of debtor:
The obligation is valid. The fulfillment of
the condition merely causes the
extinguishment or loss of rights already
acquired. The debtor is naturally interested
in its fulfillment.
If the suspensive condition depends
upon chance or upon the will of a third
person (Causal condition) the obligation
subject to it is valid.
The obligation is valid if the suspensive
condition depends partly upon chance
and partly upon the will of a third
person (Mixed condition)
When suspensive condition depends
partly upon will of debtor:
Obligation is valid as long as the
compliance with the obligation does not
depend upon that part of the condition
whose fulfillment depends upon the will
of the debtor.
Summary:
Suspensive Condition:
If the fulfillment of the condition
depends upon the will of the debtor, the
obligation is void.
If the fulfillment of the condition
depends upon the will of the creditor, the
obligation is valid.
If the fulfillment of the condition
depend upon chance or third party, the
obligation is valid.
If the fulfillment of the condition
depend partly upon chance and partly upon
third party, the obligation is valid.

If the fulfillment of the suspensive


condition depends partly/entirely upon the
debtor, the obligation is valid as long as the
obligation is pre existent, only the condition
is void.
Resolutory Condition:
If the fulfillment of the condition
depends upon the will of the debtor, the
obligation is valid.
-----Article 1183Impossible conditions- those contrary to
good customs or public policy and those
prohibited by law
Article 1183 refers to suspensive conditions.
It applies only to cases where the
impossibility already existed at the time the
obligation was constituted.
Two Kinds of impossible conditions:
Physically impossible conditions- when in
nature, they cant be done or cant exist
Legally impossible conditions- when they are
contrary to law,morals,good cutoms, public
order or public policy.
In impossible conditions, both the
condition and the obligation are void
because you can never fulfill what is
impossible.
If the condition is not to do an
impossible thing, the conditional
obligation is valid.
If the obligation is divisible, the part
not affected by the impossible condition
is valid.
If the obligation is a pre-existing
obligation and does not depend upon
the fulfillment of the condition which is
impossible for its existence, only the
condition is void.
Article 1184- The condition that some event
will happen at a determinate time (positive
condition) shall extinguish the obligation
as soon as the time expires or if it has
become indubitable that the event will
not take place.
Positive Condition- happening of an event
at a determinate time.
Article 1185- The condition that some event
will not happen at a determinate time

(Negative condition) shall render the


obligation effective from the moment
the time indicated has elapsed or if it
has become evident that the event cant
occur.
If there is no fixed time, the circumstances
shall be considered to arrive at the intention
of the parties
Negative Condition- an event will not
happen at a determinate time.
Article 1186-The (suspensive) condition shall
be deemed fulfilled when the obligor (debtor)
voluntarily prevents its fulfillment.
Article 1187- Retroactive effect only applies
to an obligation to give.
As to fruits and interests, in reciprocal
obligations, there is no retroactivity meaning
the fruits and interest are kept creditor until
the condition is met. In unilateral obligations
(donate), the debtor(mag donate) also gets
to keep all fruits and interest before the
fulfillment of the condition.
Article 1188Right of the creditor- He may take
appropriate actions for the preservation of
his right
Right of debtor- He is entitled to recover
what he has paid by mistake prior to the
happening of the suspensive condition.
Article 1899-When conditions are fulfilled to
suspend an obligation, the following rules are
observed in case of the improvement, loss or
deterioration of the thing during the
pendency of the condition:
1. If the thing is lost WITHOUT the fault of
the debtor, the OBLIGATION is
extinguished.
2. If the thing is lost through the FAULT
OF THE DEBTOR, he shall be obliged to
pay damages when its existence is
unknown.
3. When the thing deteriorates(reduced
value) WITHOUT the fault of the
debtor, the impairment is to be borne
by the creditor
4. If it deteriorates(reduced value)
through the FAULT OF THE DEBTOR,
the creditor may choose between the
two remedies of the creditor:
RECISSION of obligation and its
FULFILLMENT with indemnity for
damages

5. If the thing is improved by its nature,


or by time, the improvement shall
benefit the creditor.
6. If it is improved at the expense if the
debtor, he shall have no other right
than that granted to the
usufructurary(the one who has the
legal right of using and enjoying the
fruits of something belonging to
another)
This article applies only when it is a real
obligation (obligation to give), the object
is a determinate thing, the obligation has
a suspensive condition. Condition is
fulfilled and there is loss or improvement
of the thing
Article 1190- When the there is a
resolutory condition, the parties, upon the
fulfillment of said conditions, shall return
to each other what they have received
(mutual restitution)
In case of loss, deterioration or
improvement of the thing with respect to
the debtor, the provisions which are laid
down in the preceding article shall be
applied to the party who is bound to
return.
As for Personal obligations, the provisions
of the second paragraph of the article
1187 (the court shall determine the
effect) shall be observed as regards the
effect of the extinguishment of the
obligation.
Article 1191Kinds of Obligation:
Unilateral- only one party is obliged to
comply with a prestation
Bilateral-both parties are mutually bound
to each other.
Reciprocal obligations- arise from the
same cause and in which each party is a
debtor and creditor of the other; the
performance of one is designed to be the
equivalent and the condition for the
performance of the other.
*Sale
Non-reciprocal obligations- those
which do not impose simultaneous and
correlative performance on both parties.
Remedies in Reciprocal obligations:

Choice of remedies- the aggrieved party


may choose between FULFILLMENT or
RECISSION both with DAMAGES.
Article 1192-In case both parties have
committed a breach of the obligation, the
liability of the first infractor shall be
equitably tempered by the courts. If it
cannot be determined which of the
parties first violated the contract, the
same shall be deemed extinguished and
each shall bear his own damages.

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