7 – PURE AND CONDITIONAL OBLIGATIONS (1)

Classification of Obligations:

(1) Primary classification of obligations under the Civil Code

a. Pure and conditional obligations
b. Obligations with a period
c. Alternative and facultative obligations
d. Joint and solidary obligations
e. Divisible and indivisible obligations
f. Obligations with a penal clause

(2) Secondary classification of obligations under the Civil Code

a. Unilateral and bilateral obligations
b. Real and personal obligations
c. Determinate and generic obligations
d. Civil and natural Obligations
e. Legal, conventional, and penal obligations

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Article 1179. Every obligation whose performance does not depend upon future or uncertain
event, or upon a past event unknown to the parties, is demandable at once.

Every obligation which contain a resolutory condition shall also be demandable, without
prejudice to the effects of the happening of the event.
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Meaning of pure obligation:

A pure obligation is one which is not subject to any condition and specific date is mentioned for
its fulfillment and is, therefore, immediately demandable.

Examples:

(1) D obliges himself to pay C Php 1,000.00. The obligation is immediately demandable because
there is no condition and no date is mentioned for its fulfillment.

(2) D binds himself to pay C Php 1,000.00 “upon demand of C”. The obligation is immediately
due and demandable.

Meaning of conditional obligation:

A conditional obligation is one whose consequences are subject in one way or another to the
fulfillment of a condition.

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Meaning of condition:

Condition is a future and uncertain event, upon the happening of which, the effectivity or
extinguishment of an obligation (or right) subject to it depends.

Two principal kinds of condition:

(1) Suspensive condition (condition precedent or condition antecedent) or one the fulfillment of
which will give rise to an obligation (or right). In other words, the demandability of the
obligation is suspended until the happening of the uncertain event which constitutes the
condition

Example:

I will sell you the land if it is adjudicated to me in the division of my deceased father’s estate. My
obligation is demandable only after the condition is fulfilled—my becoming owner of the land. In
the meantime, I am not liable to you.

(adjudicated – pronounced or declared judicially)

(2) Resolutory condition (condition subsequent) or one the fulfillment of which will extinguish
an obligation (or right) already existing.

Example:

D, in payment of his debt to C, binds himself to give C Php 3,000.00 monthly allowance until C
graduates from college. D’s obligation is demandable now but it shall be extinguished or
terminated upon the happening of the resolutory condition---C’s graduating from college.

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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 1179.
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A period is a future and certain event upon the arrival of which the obligation subject to it either
arises or is extinguished.

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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.
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(1) Acquisition of rights – In obligations subject to a suspensive, the acquisition of rights by the
creditor depends upon the happening of the event which constitutes the condition.

Examples:

a. T, testator, in his last will and testament gave some property to H (heir) provided would die
within two (2) years.

b. The surrender of the sweepstakes ticket is a condition precedent to the payment of the prize.

(2) Loss of rights already acquired – In obligations subject to a resolutory condition, the
happening of the event which constitutes the condition produces the extinguishment or loss
of rights already acquired.

Example

a. X binds himself to support Y until Y graduates from college. Here, the right already acquired
by Y --- the right to receive support --- shall be extinguished or lost once the condition is
fulfilled.

b. A lease contract expressly stipulates that R, lessor, may terminate the lease in case his
children shall need the leased premises. Here, the happening of the condition depends upon
the will of a third person --- R’s children

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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.
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Classification of conditions:

(1) As to effect:
a. Suspensive – the happening of which gives rise to the obligation
b. Resolutory – the happening of which extinguishes the obligation

(2) As to form:
a. Expressed – the condition is clearly stated
b. Implied – the condition is merely inferred

(3) As to possibility:
a. Possible – the condition is capable of fulfillment, legally and physically
b. Impossible – the condition is not capable of fulfillment, legally or physically

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(4) As to cause or origin:
a. Potestative – the condition depends upon the will of one of the contracting parties
b. Casual – the condition depends upon chance or upon the will of a third person;
c. Mixed – the condition depends partly upon chance and partly upon the will of a third
person

(5) As to mode:
a. Positive – the condition consists in the performance of an act
b. Negative – the condition consists in the omission of an act

(6) As to numbers:
a. Conjunctive – there are several conditions and all must be fulfilled
b. Disjunctive – there are several conditions and only one or some of them must be
fulfilled

(7) As to divisibility:
a. Divisible – the condition is susceptible of partial performance
b. Indivisible - the condition is not susceptible of partial performance

Examples:

(1) I will pay you if I want.

(2) I will pay you after I receive a loan from a bank.
(3)I will pay you after I recover what X owes.
(4)I will pay you upon the sale of the house in which I live.

Reference: The Law on Obligations and Contracts 2011

by H. S. De Leon and H. M. De Leon, Jr.

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