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Civil Code of the Philippines:

Chapter 3 Section 2, Obligations with a


Period
A Reaction Paper on problem 2 and 3 page 134 of the book,
The Law on Obligations and Contracts 2014
By Hector S. De Leon, Hector M. De Leon, Jr.
October 14, 2016
ECE70/ A11
Suas, Mary Grace J.
School of Electrical, Electronics, and Computer Engineering Department, Mapua Institute of Technology
Intramuros, Manila Philippines
marygracesunas@yahoo.com

Abstract

this document provides an overview on


the topic of Obligations with a Period. It covers the
topics and articles under chapter 3 section 2 of the
book. Moreover, it explains every situation and provides
problems, as well as solutions, to make it more
understandable. This paper aims to educate the
students about the existing laws in the Philippines and
make them understand the possible effects or results of
each obligations as well as the rights involve in such
cases.
Keywords penal clause, indemnity, principal
obligation, accessory obligation, legal penal clause,
conventional penal clause, compensatory penal clause,
punitive penal clause, subsidiary penal clause and
cumulative penal clause

I.

INTRODUCTION

day certain which must necessarily come, ie., the


year 2017; Christmas, although it may not be known
when, like the death of a person.
II.

ARTICLES

Article 1193. Obligations for whose fulfillment


a day certain has been fixed, shall be demandable
only when that day comes.
Obligations with a resolutory period take effect
at once, but terminate upon arrival of the day
certain.
A day certain is understood to be that which
must necessarily come, although it may not be
known when.
If the uncertainty consists in whether the day
will come or not, the obligation is conditional, and it
shall be regulated by the rules of the preceding
Section. (1125a).

This paper gives a reaction regarding the


articles under chapter 3 section 2 of the Laws on the
Obligations and Contracts, entitled, Obligations
with a period. It also contains solved problems from
the book.

Article 1194 In case of loss, deterioration or


improvement of the thing before the arrival of the
day certain, the rules in article 1189 shall be
observed. (n)

An obligation with a period is one whose


effects and consequences are subjected in one way
or another to the expiration or arrival of said period
or term.

Article 1195. Anything paid or delivered before


the arrival of the period, the obligor being unaware
of the period or believing that the obligation has
become due and demandable, may be recovered,
with the fruits and interests. (1126a)

A period is a future and certain event upon


the arrival of which the obligation (or right)
subjected to it either arises or is terminated. It is a

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)

under the law? May C demand


payment from D even before August
10?
IV.
1.

Article 1197. If the obligation does not fix a


period, but from its nature and the circumstances it
can be inferred that a period was intended, the
courts may fix the duration thereof.
The courts shall also fix the duration of the
period when it depends upon the will of the debtor.
In every case, the courts shall determine such
period as may under the circumstances have been
probably contemplated by the parties. Once fixed by
the courts, the period cannot be changed by them.
(1128a)
Article 1198. The debtor shall lose every right
to make use of the period:
(1) When after the obligation has been
contracted, he becomes insolvent, unless he gives a
guaranty or security for the debt;
(2) When he does not furnish to the creditor the
guaranties or securities which he has promised;
(3) When by his own acts he has impaired said
guaranties or securities after their establishment,
and when through a fortuitous event they disappear,
unless he immediately gives new ones equally
satisfactory;
(4) When the debtor violates any undertaking, in
consideration of which the creditor agreed to the
period;
(5) When the debtor attempts to abscond.
(1129a)
III.

PROBLEMS

1.

D binds himself to give P10,000 from C


upon the death of the father of D. Is
the obligation of C onditional or one
with a period?

2.

D obtained a loan from C in the


amount of P50,000, payable on August
10. As security for his debt, D mortgaged
his car in favor of C. The car, however,
was substantially damaged without the
fault of D. What rights, if any, does C have

2.

ANSWERS TO PROBLEMS

The obligation of D is one with a period.


The reasons are:
a.

The arrival of the event, which is


the death of the father of D, that
will make the obligation where
in D gives P10,000 to C is a
certain day. The event is certain
because by nature, every
mankind will be expected to die,
although it is unknown it will
still occur.

b.

By Article 1193 par. 3, the event


stated must necessarily come.

For the second problem the answer is yes,


C gains the right to demand immediate
payment even before August 10. (Gaite
vs. fonacier, 2 SCRA 831) based upon
Article 1198 (3).

This is due to the fact that the guaranty after the


establishment was substantially damaged without
the fault of D.
This means that it falls under the case of a
fortuitous event meaning it is required that the
security must disappear or is considered lost.
The right of C to demand immediate payment will
take effect in this situation unless D renews the
bond replaces it with an equivalent guarantee upon
its expiration.
V.

ACKNOWLEDGEMENT

I would like to thank my parents for their


unending support. To the One above who always
gives me hope whenever I feel down and to my
friends who continue to help me understand the
topics and give resources on the related topics.
VI.

REFERENCES

[1] De Leon, Hector S. The law on obligations and


contracts. REX Publishing Inc. pp 121-135, 2014
Revised edition