Ramon Magsaysay Memorial Colleges, General Santos City LAW ON OBLIGATION & CONTRACTS

CHAPTER 3. DIFFERENT KINDS OF OBLIGATION

1. PURE AND CONDITIONAL OBLIGATIONS (ARTS. 1179-1192)

1.1. PURE OBLIGATION - one which is not subject to any condition and no specic date is mentioned for
its fulllment and is, therefore, immediately demandable.
1.1.1. When obligation demandable at once.
1.1.1.1. When it is pure (Art. 1179, par. 1.);
1.1.1.2. When it is subject to a resolutory condition (Ibid., par. 2.); or
1.1.1.3. When it is subject to a resolutory period. (Art. 1193, par. 2.)

1.2. CONDITIONAL OBLIGATION - one whose consequences are subject in one way or another to the
fulllment of a condition.

1.2.1. CONDITION - a future and uncertain event, upon the happening of which, the effectivity or
extinguishment of an obligation (or rights) subject to it depends.

1.2.1.1. CHARACTERISTICS OF CONDITION

1.2.1.1.1. Future and uncertain
1.2.1.1.2. Past but unknown

1.2.1.2. EFFECT OF HAPPENING OF A CONDITION

1.2.1.2.1. Acquisition of rights
1.2.1.2.2. Loss of rights already acquired

1.2.1.3. CLASSSIFICATION OF CONDITION

1.2.1.3.1. AS TO EFFECT
1.2.1.3.1.1. SUSPENSIVE CONDITION or one the fulllment of which
will give rise to an obligation (or right).
1.2.1.3.1.1.1. BEFORE FULFILLMENT. The demandability
and acquisition or effectivity of the rights
arising from the obligation is suspended.
Anything paid by mistake during such time
maybe recovered.
1.2.1.3.1.1.2. AFTER FULFILLMENT. The obligation arises
or becomes effective. The obligor can be
compelled to comply with what is incumbent
upon him.
1.2.1.3.1.1.3. DOCTRINE OF CONSTRUCTIVE
FULFILLMENT OF SUSPENSIVE
CONDITIONS. ART. 1186. The condition shall
be deemed fullled when the obligor
voluntarily prevents its fulllment.
1.2.1.3.1.1.4. The condition is suspensive;
1.2.1.3.1.1.5. The obligor actually prevents
the fulllment of the condition;
1.2.1.3.1.1.6. He acts voluntarily.

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1.2.1.3.1.2. RESOLUTORY CONDITION or one the fulllment of which

will extinguish an obligation (or right) already existing.
1.2.1.3.1.2.1. BEFORE FULFILLMENT. Preservation of
creditors rights (Art. 1188)
1.2.1.3.1.2.2. AFTER FULFILLMENT. Whatever may have
been paid or delivered by one or both of the
parties upon the constitution of the obligation
shall have to be returned upon the fulfillment
of the condition. There is no return to the
status quo. However, when condition is not
fulfilled, rights are consolidated and they
become absolute in character.

1.2.1.3.2. AS TO FORM
1.2.1.3.2.1. EXPRESS CONDITION condition is clearly stated
1.2.1.3.2.2. IMPLIED CONDITION - condition is merely inferred

1.2.1.3.3. AS TO POSSIBILITY
1.2.1.3.3.1. POSSIBLE CONDITION the condition is capable of
fulfillment, legally and physically
1.2.1.3.3.2. IMPOSSIBLE CONDITION the condition is not capable of
fulfillment, legally or physically
1.2.1.3.3.2.1. KINDS OF IMPOSSIBLE CONDITION
1.2.1.3.3.2.1.1. Physically impossible
conditions. when they, in
the nature of things, cannot
exist or cannot be done; and
1.2.1.3.3.2.1.2. Legally impossible
conditions. when they are
contrary to law, morals, good
customs, public order, or
public policy.
1.2.1.3.3.2.2. EFFECTS OF IMPOSSIBLE OBLIGATION
1.2.1.3.3.2.3. Conditional obligation is
void. - Both the obligation
and the condition are void.
1.2.1.3.3.2.4. Conditional obligation is
valid. - If the condition is
negative, that is, not to do an
impossible thing, it is
disregarded and the
obligation is rendered pure
and valid.
1.2.1.3.3.2.5. Only the affected obligation
is void. - If the obligation is
divisible, the part thereof not
affected by the impossible
condition shall be valid.
1.2.1.3.3.2.6. Only the condition is void. - If
the obligation is a pre-

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Ramon Magsaysay Memorial Colleges, General Santos City LAW ON OBLIGATION & CONTRACTS

existing obligation, and,

therefore, does not depend
upon the ful llment of the
condition which is
impossible, for its existence,
only the condition is void.

1.2.1.3.4. AS TO CAUSE OR ORIGIN

1.2.1.3.4.1. POTESTATIVE CONDITION - a condition which depends
upon the sole will of one of the contracting parties.
1.2.1.3.4.1.1. When suspensive condition depends upon the
will of the debtor VOID.
1.2.1.3.4.1.2. When suspensive condition depends upon the
will of the creditor VALID.
1.2.1.3.4.1.3. When resolutory condition depends upon the
will of the debtor VALID.
1.2.1.3.4.1.4. When resolutory condition depends upon the
will of the debtor VALID.
1.2.1.3.4.2. CASUAL CONDITION a condition which depends upon
chance or upon the will of a third party
1.2.1.3.4.3. MIXED CONDITION a condition which depends partly
upon chance and partly upon the will of a third person.

1.2.1.3.5. AS TO MODE
1.2.1.3.5.1. POSITIVE CONDITION the condition consists in the
performance of an act
1.2.1.3.5.1.1. Obligation is extinguished:
1.2.1.3.5.1.1.1. As soon as the time expires
without the event taking place;
1.2.1.3.5.1.1.2. As soon as it has become
indubitable that the event will
not take place although the
time specied has not yet
expired.
1.2.1.3.5.2. NEGATIVE CONDITION the condition consists in the
omission of an act
1.2.1.3.5.2.1. Obligation becomes effective and binding:
1.2.1.3.5.2.1.1. From the moment the time
indicated has elapsed without
the event taking place; or
1.2.1.3.5.2.1.2. From the moment it has
become evident that the event
cannot occur, although the
time indicated has not yet
elapsed.

1.2.1.3.6. AS TO NUMBER
1.2.1.3.6.1. CONJUNCTIVE CONDITION there are several conditions
and all must be fulfilled

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Ramon Magsaysay Memorial Colleges, General Santos City LAW ON OBLIGATION & CONTRACTS

1.2.1.3.6.2. DISJUNCTIVE CONDITION there are several conditions

and only one or some of them must be fulfilled

1.2.1.3.7. AS TO DIVISIBILITY
1.2.1.3.7.1. DIVISIBLE CONDITION the condition is susceptible of
partial performance
1.2.1.3.7.2. INDIVISIBLE CONDITION the condition is not susceptible of
partial performance

1.3. Art. 1189: EFFECTS OF LOSS, DETERIORATION AND IMPROVEMENT IN REAL OBLIGATIONS
PENDING THE CONDITION
1.3.1. WITHOUT DEBTORS FAULT
1.3.1.1. LOSS Obligation is extinguished.
1.3.1.2. DETERIORATION Impairment to be borne by the creditor.
1.3.1.3. IMPROVEMENT Improvement at the debtors expense shall only have
usufructuary rights.
1.3.2. WITH DEBTORS FAULT/ACT
1.3.2.1. LOSS Obligation is converted into one of indemnity for damages.
1.3.2.2. DETERIORATION Creditor may choose between bringing an action for rescission
of the obligation or bringing an action for specific performance with damages in
either case.
1.3.2.3. IMPROVEMENT Improvement by the things nature or by time shall inure to the
benefit of the creditor.

2. OBLIGATIONS WITH A PERIOD (ARTS. 1193-1198)

3. ALTERNATIVE (ARTS. 1199-1205) AND FACULTATIVE OBLIGATIONS (ART. 1206.)
4. JOINT AND SOLIDARY OBLIGATIONS (ARTS. 1207-1222)
5. DIVISIBLE AND INDIVISIBLE OBLIGATIONS (ARTS. 1223-1225)
6. OBLIGATIONS WITH A PENAL CLAUSE (ARTS. 1226-1230)

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