G.R. No. L-5267
's property in Spain was sold and he
LUZ HERMOSA, as administratrix of the Intestate
Estate of Fernando Hermosa, Sr., and FERNANDO
HERMOSA, JR.
vs.
EPIFANIO M. LONGARA,
Petitioner : Luz Hermosa and Fernando Hermosa Jr.
Respondent : Epifanio M. Longara
Notes : Art. 1182 - When the Fulfillment of the condition
depends upon the solve will of the debtor, the
conditional obligations shall be void. If it depends upon
chance or upon the will of a third party, the obligations
shall take effect in conformity with the provision of this
code.
Facts : Instant case is an appeal of a case decided by
the Court of Appeals that allowed claims of Epifanio M.
Longara on the Estate of the late Fernando Hermosa Sr.
Longara, the creditor presented evidence, that on 1932-
1944 that Hermosa Sr. had asked for the said credit
advances for himself and for the members of his family
"on condition that their payment should be made by
Fernando Hermosa, Sr. as soon as he receive funds
derived from the sale of his property in Spain."
Creditor had testified without opposition that the credit
advances were to be "payable as soon as Fernando
Hermosa, Sr.
receive money derived from the sale.” Th CA ruled that
said claims were only demandable when the sale of
Hermosa Sr. property was made. The property was sold
in 1948.
The heirs denied this claim by stating that said obligation
relied solely on the will of the debtor and thus is void.
However, the CA sided with Longara, they elucidated
that said obligation is not an obligation with a potestative
condition, or an obligation that has a condition that relies
on the sole will of the debtor. CA ruled that It is evident,
therefore, that the condition of the obligation was not a
purely potestative one, depending exclusively upon the
will of the intestate, but a mixed one, depending partly
upon the will of intestate and partly upon chance, i.e.,
the presence of a buyer of the property for the price and
under the conditions desired by the intestate. The
obligation is clearly governed by the second sentence of
article 1115 of the old Civil Code. The condition is,
besides, a suspensive condition, upon the happening of
which the obligation to pay is made dependent. And
upon the happening of the condition, the debt became
immediately due and demandable.
Issue : W/N the obligation is void for having a potestative
condition?
Held : No. The obligation is not void. The SC sided with
the CA and reiterated that the obligation at hand is a
mixed obligation. It did not rely solely on the will of the
depot but rather with the will of a third party. It was
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predicated on the sale which the debtor had already
started on and a third party just had to accept.

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