CLUSTER 8 GQs 89-102 Marvel K.

Polled
89. Define a conditional obligation.
LEGAL ANSWER:An obligation where the acquisition rights, as well
as the extinguishment or loss of those already acquired, shall
depend upon the happening of the event which constitutes the
condition.
LEGAL BASIS/SOURCE:Art.1179

90. Define condition.

LEGAL ANSWER: Defined as every future event and uncertain event
upon which an obligation is made to depend. It is a future and
encertain event upon which the acquisition or resolution of rights is
made to depend by those who execute the juridical act.
LEGAL BASIS/SOURCE: Art.1179

91. State the kinds of conditions.

LEGAL ANSWER:

1.as to the effect of obligation

a) Suspensive condition
b) Resolutory condition
2. as to the origin of condition
a) Potestative condition
b) Casual condition
c) Mixed condition
3. as to possibility
a) Possible condition
b) Impossible condition
4. as to mode
a) Positive condition
b) Negative condition
5. as to divisibility
a) Divisible condition
b) Indivisible condition
6. as to numbers
a) Conjunctive condition
b) Alternative condition
7. as to form

a) Express condition
b) Implied condition
LEGAL BASIS/SOURCE: Art.1179

92. When is an obligation with suspensive condition demandable?

LEGAL ANSWER:If and when the event which constitutes the
condition happens or is fulfilled.
LEGAL BASIS/SOURCE: Art.1179

93. If the obligation imposed is a resolutory condition, when is the obligation

demandable?
LEGAL ANSWER:If the fulfillment of the obligation results in
extinguishment.
LEGAL BASIS/SOURCE: Art.1179

94. What is the effect upon the obligation if the condition imposed depends
solely upon the will of the debtor?
LEGAL ANSWER: When the fulfillment of the condition depends upon
the soled will of the debtor, the conditional obligation shall be void.
LEGAL BASIS/SOURCE: Art.1182

95. What is the effect upon the obligation if the condition imposed depends
upon chance or upon the will of a third person?
LEGAL ANSWER:If the condition imposed depends upon chance or
upon the will of a third person, the obligation shall take effect in
conformity with the provisons of this Code (1115).
LEGAL BASIS/SOURCE: Art.1182

96. State those conditions which, if imposed upon an obligation will make the
obligation void.
LEGAL ANSWER:A condition whose fulfillment depends upon those
sole will of one of the contracting parties. If the fulfillment of a
potestative condition depends exclusively upon the will of the
debtor, the condition obligation shall be void.
LEGAL BASIS/SOURCE: Art.1182

97. If the condition imposed is not to do an impossible thing, will the

obligation be affected?
LEGAL ANSWER: Yes
LEGAL BASIS/SOURCE: Art. 1183

98. When shall the obligation be demandable if the condition imposed is that
some event happens a determinate time?
LEGAL ANSWER:The condition that some event happen at a
determinate time shall extinguish the obligation as soon as the time
expires or if it has become indubitable that event will not take place
(1117)
LEGAL BASIS/SOURCE: Art.1184

99. If the condition imposed is that some event will not happen at a
determinate time, when shall the obligation become effective?
LEGAL ANSWER:The condition that some event will not happen at a
determinate time shall render the obligation effective from the
moment the time indicated has elapsed, or if it has become evident
that the event cannot occur.
LEGAL BASIS/SOURCE: Art.1185

100. If the obligor voluntarily prevents the fulfillment of a suspensive

condition, shall the obligation become effective?
LEGAL ANSWER:The condition shall be deemed fulfilled when the
obligor voluntarily prevents its fulfillment.
LEGAL BASIS/SOURCE: Art.1186

101. What are the rules to determine the retroactive effects of the fulfillment
of a suspensive conditional obligation to give?
LEGAL ANSWER:Once the condition has been fulfilled, it shall
retroact to the day of the constitution of the obligation. The
condition is only an accidental element of a contract. Hence, the
obligation is still valid even in the absence of such condition.
LEGAL BASIS/SOURCE: Art.1187

102. Who shall determine the retroactive effects of the condition that has
been complied with, in obligation to do or not to do?
LEGAL ANSWER:Court is empowered to determine retroactive of the
suspensive condition that has been complied with.
LEGAL BASIS/SOURCE: Art.1187