Beruflich Dokumente
Kultur Dokumente
1. Pure obligation
2. Conditional obligation
4. Alternative obligation
5. Facultative Obligation
6. Joint Obligation
7. Solidary Obligation
8. Divisible Obligation
9. Indivisible Obligation
Ex. I promise to give you P10,000.00. This is immediately demandable since there
is no term that must expire or a condition that must happen for the obligation to be
demandable.
“I will let you use my car until you pass the Customs Broker Examination.”
The condition here is resolutory. You may demand the delivery of my car now but you
must return it to me when you pass the Customs Broker Examination.
Condition
1. Concept
2. Classification
1. Suspensive - This is a condition the happening of which gives rise to the obligation.
This is also called condition antecedent or condition precedent. The demandability of
the obligation is suspended until the happening of the condition.
1. Potestative - A condition that depends upon the will of one of the contracting
parties.
1. If suspensive - The obligation is void. (Art. 1182) Even if the condition is
fulfilled, the obligation is not demandable.
2. If resolutory- The obligation is valid. (Ex. D is to allow the use of his car by
C until D returns from Baguio.)
b. Potestative on the part of the creditor- The obligation is valid whether the
condition is suspensive or resolutory.
Ex. (1) D is to give C P60,000.00 if C goes to Baguio. (2) D is to allow the use of his
car by C until C returns from Baguio.
2. Casual- A condition that depends upon chance or upon the will of a third person.
((Examples (1) Dis to give C P50,000.00 if D wins first prize in the lotto on the bet he
placed this morning. (2) D is to give C P50,000.00 if X goes to Baguio.]
3. Mixed - A condition that depends partly upon the will of one of the parties and
partly. Upon chance or upon the will of a third person.
having been agreed upon. (Art. 1183) Thus, the obligation is Immediately demandable.
(Example: D is to give C P50,000.00 if C does not swim across the Pacific Ocean.)
1. Positive -This Is a condition that some event happen at a determinate time. Here, the
obligation 15 extinguished as soon as the time expires or it has become indubitable that
the event will not take place. (Art. 1184)
Example: D is to give C P50,000.00 if C will marry X on or before June 30, 2015. The
obligation will be extinguished on July 1, 2015 if C has not yet married X as of June 30,
2015. If X dies on June 1, 2015 before C has married her, then the obligation is
extinguished on such date because there is no more doubt that the marriage will not
take place.
2. Negative- This is a condition that some event will not happen at a determinate time.
Here, the obligation becomes effective as soon as the time indicated has elapsed or it
has become evident that the event will not occur. (Art 1185)
Example: D is to give C P50,000.00 if C will not marry X on or before June 30, 2015. The
Obligation becomes effective on July 1, 2015 if C has not yet married X as of June 30,
2015. If X dies on June 1, 2015 before C has married her, then the obligation becomes
effective on such date because there is no more doubt that the marriage will not take
place.
Under Art. 1183, if the obligation is divisible, that part thereof which Is not
affected by the impossible or unlawful condition shall be valid.
Examples (a) D is to give C a car if C finishes his law course, and P1,000,000.00 if C tops
the Bar Examination. If D finishes his law course, he may demand the delivery of the car.
However, he may not demand the payment of P1,000,000.00 if he does not top the Bar.
(2) D is to give C a car if C finishes his law course and
P1,000,000.00 if C can get a copy of the test questions in the Bar Examination in
advance. Even if both conditions are fulfilled, C can only ask for the delivery of a car
from D because the second condition is unlawful.
2. Indivisible - One that is not capable of partial performance by its nature or by law or
agreement of the parties.
Example: D is to give C a car if C finishes his law course and tops the Bar, C must
comply with both conditions before he can ask for the delivery of a car from D.
General rule: The effect of the fulfillment of the suspensive on condition retroacts to the
day of the constitution of the obligation.
Exceptions: There shall be no retroactive effect with respect to the fruits and interests as
follows.
1. In reciprocal obligations, the fruits and interests shall be deemed to have been
mutually compensated, i.e., each party shall keep the fruits and interest received by him
prior to the fulfillment of the condition.
Example: On May 1, 2011, S agreed to sell his land to B and B agreed to pay the
price of P50,000.00 if X finishes his law degree on March 15, 2015. X finished his law
degree as stipulated. It was as if S was entitled to the price and B to the land beginning
on May 1, 2011. However, S shall keep the fruits on the land and B the interest on the
price during the pendency of the condition
2. In unilateral obligations, the debtor keeps the fruits and interests received before the
fulfillment of the condition.
Example.: On May 1, 2012, S promised to give B his land if B passed the Bar
Examination in February 2015. B passed the Bar Examination as stipulated It was as if B
was entitled to the land beginning on May 1, 2012. However. S will
keep the fruits on the land during the pendency of the condition.
1. Creditor- He may bring the appropriate actions for the preservation of his right, such
as registering his claim with the Register of Deeds, if appropriate, to notify all third
persons, or asking the debtor to provide a security if the debtor is about to become
insolvent.
The condition is deemed fulfilled if the debtor voluntarily prevents its fulfillment
(Art 1186), hence, the obligation becomes immediately demandable. Here, there must
be an intent on part or the debtor to prevent compliance with the condition and actually
prevents its fulfilment.
Concept of loss
Example: D is obliged to give C a specific house if C passes the Bar Examination. If
the house is destroyed in fire without the fault of D before C passes the Bar Examination,
D's obligation is extinguished even if C, thereafter, passes the Bar Examination. But if the
house is destroyed through the fault of D such as when he placed Inside the house
highly flammable chemicals which caused the fire, then D shall be obliged to pay
damages should C pass the Bar Examination.
Example: D is obliged to give a specific car to C if C finishes his economics degree.
The deterioration of the car due to wear and tear before C finishes his economics
degree will be borne by C when C later finishes the said degree. However, if the car is
damaged in an accident due to D's fault, C, when he finishes his economics degree may
rescind the contract and ask for damages, or ask D to deliver the car in its deteriorated
condition plus damages.
a. By nature or by time- The improvement shall inure to the benefit of the creditor.
Example: Dis obliged to give his violin to C if C finishes his course in music. If the
quality or the tone produced by the violin had improved between the time that D's
obligation was constituted and the completion by C of his course in music, then such
improvement shall inure to the benefit of C.
b. At the expense of the debtor- The debtor will have the rights granted to a
usufructuary, e., he can have enjoyment of the use of the improved thing and its fruits.
He may remove the improvement if no damage is caused to the principal thing. If the
improvement cannot be removed without causing damage to the principal thing, the
thing and the improvement shall be delivered to the creditor without any right on the
part of the debtor to indemnity. He may, however, set off the improvements against any
damage to the thing (Arts. 579 and 580)
Example: D ss obliged to give his only car to C if C finishes his economics degree.
Before C finished the said degree, D had the car repainted. In this case, D can continue
using the car in its improved condition. Upon the completion by C of his economics
degree, D cannot remove the paint because it will cause damage to the car. However, it
he had caused a dent on the car due to his fault, he may set off the cost of repainting
against the cost of damage brought by such dent.
2. The parties shall return to each other what they have received.
3. In case of loss, deterioration or improvement of the thing, the provisions in the above
rule (Art. 1189), which pertain to the debtor shall be applied to the party who is bound
to return.
Reciprocal obligation- one that arises from the same cause and in which each party is
a debtor and a creditor of the other, such that the obligation of one is dependent upon
the obligation of the other. (Goldloop Properties, Inc. vs. Government Service Insurance
System, G.R. No. 171076, August 1, 2012). Reciprocal obligations are to be performed
simultaneously so that the performance of one is conditioned upon the Simultaneous
fulfillment of the other. (Jalandoni vs. Cabalum Commercial School, 61216-R, July 15,
1980)
Examples: S sold his Toyota car to B for P200,000.00. The delivery of the car by S is
dependent upon the payment of the price by B.
The above remedies may be availed of by the injured party in the alternative. He
cannot ask for both. (Verceluz vs. Edano, 44 Phil 801) If he has chosen rescission of the
obligation, he can no longer ask for fulfillment. However, he may also seek rescission,
even after he has chosen fulfillment, if the latter becomes impossible.
Examples: (1) D is obliged to give his car to C on May 1, 2015. On May 1, 2015, the
obligation becomes demandable by reason of the expiration of the term or period. The
period here is one with a suspensive effect or ex die. (2) On January 1, 2015, D allowed
to C use his car but until May 1, 2015. The obligation is demandable on January 1, 2015
but on May 1, 2015, D's obligation to let C use his car is extinguished by reason of the
expiration of the term. The period here is one with a resolutory effect or in diem. C must
therefore return the car.
A day certain is that which must necessarily come although it may not be known
when. (Art. 1193) An example is the death of a person which will necessarily come. Thus,
if the obligation of D is to give C P10,000.00 when X dies, the obligation is one with a
period.
1. As to fulfilment-
A condition is an event that may or may not happen, a period is an event that
must necessarily come, at a date known beforehand, or at a time that cannot be
determined.
2. As to time-
A condition may refer to the future or to a past event unknown to the parties, a
period always refers to the future
A condition causes an obligation to arise or to cease, a period merely fixes the
time for the efficaciousness of an obligation. (8 Manresa 153, 154)
Kinds of period
1. Ex die- This is a period with a suspensive effect Here, the obligation becomes
demandable upon the lapse or the period. (Art. 1193)
2. In diem- This Is a period with a resolutory effect. Here, the obligation is demandable
at once but is extinguished upon the lapse of the period. (Art.1193)
Problem
"I will pay you my debt when my means permit me to do so. Is this an obligation with a
period or with a condition?
Answer: This is an obligation with a period. Here, the remedy of the creditor is to
ask the court to fix the period. (Art. 1180, 1197) Once the court has fixed the period, it
may no longer change it as it becomes a part of the agreement by the parties.
Therefore, the debtor cannot be compelled to perform, and the creditor cannot
be compelled to accept performance, before the term expires.
Example: D borrowed P10,000.00 from C on January 1, 2015. The loan bears
interest at 10% per annum with both principal and interest being due on December 31,
2015. Before December 31, 2015, cannot compel D to pay and deprive him of the use of
the money until the said date. Neither may D compel C to accept payment before
December 31, 2015 and deprive C of the interest for remaining term.
1. For the benefit of the debtor- He cannot be compelled to perform his obligation
before the expiration or the term, but he may choose to perform before such expiration
at his option.
When debtor loses his right to make use of the period if it is for his benefit; (Art.
1198), i.e., the creditor may demand immediate payment
1.When he becomes insolvent, unless he gives a guaranty or security for the debt.
3. When he impairs the said guaranties or securities by his own acts, or when through a
fortuitous event they disappear, unless he gives new ones equally satisfactory.
Example: D obtained a loan from C, the same being secured by a chattel
mortgage on D's car. The loan is payable within one year. On the seventh month, the car
was razed by fire. C can demand immediate payment unless D gives another security
that is equally satisfactory This is true even if the cause of the loss or impairment was
not due to the fault of D.
Example: C granted a loan of P50,000.00 to D giving D one year to pay provided D
did not engage in any gambling until he has paid the debt. If D enters a casino to play in
the slot machine, say after one month, C can already demand immediate payment.
Thus, it the debtor has been disposing all his property with an attempt to leave his
place of business or residence to escape his creditors, such creditors can demand
immediate payment of his debts although their maturity date is not yet due.
a. Conjunctive- Here, several prestations are due but all must be performed.
Example: D is to give C a specific ring, a specific watch and a specific bracelet to C.
D must deliver all the items to C.
Alternative obligation- one where several prestations area due but the complete
performance of one of them is sufficient to extinguish the obligation. (Art. 1199)
Example D is obliged to give a specific ring, a specific watch or a specific bracelet
to C. The delivery of any of the three articles will extinguish the obligation.
The right of choice belongs to the debtor, unless it has been expressly given to the
creditor. (Art. 1199)
1. The debtor must completely perform the prestation chosen. He cannot compel the
creditor to receive part of one and part of another undertaking. (Art. 1199)
2. He cannot choose those prestations which are impossible, unlawful or which could
not have been the object of the obligation. (Art. 1199).
1. When the debtor has communicated his choice to the creditor. (Art. 1201)
2. When among the prestations whereby the debtor is alternatively bound, only one is
practicable. (Art. 1202)
3. When the creditor has communicated his choice to the debtor, if the creditor has
been expressly given the right of choice. (Art. 1205)
a. If only one or some are lost through a fortuitous event or through the debtor's fault,
the debtor may deliver any of the remainder, or that which remains if only one subsists.
b. If all are lost through a fortuitous event, the obligation is extinguished (based on the
rule that no person shall be responsible for fortuitous event).
c. If all are lost through the debtor's fault, the debtor shall pay the value of the last thing
that was lost plus damages.
Examples:
a. If the ring is lost through a fortuitous event, D may deliver the bracelet or the
wristwatch. The same rule apples it the ring is lost through the fault of D. In the
case of the latter, D shall have no liability for damages because he can still perform his
obligation by choosing to deliver the bracelet or the wristwatch.
b. If the ring and the bracelet are lost through a fortuitous event or through D's fault,
the obligation is converted into a simple obligation to deliver the wristwatch. There no
ability for damages on the part of D even if the loss is due to his fault because he can
still perform his obligation. It was as if D chose to deliver the wristwatch.
c. If all things are lost due to a fortuitous event, D’s obligation is extinguished.
d. If the ring and the bracelet are lost through a fortuitous event, the obligation
becomes a simple obligation to deliver the wristwatch. It the wristwatch is thereafter lost
due to the fault of D, D shall pay damages.
e. If the ring, the bracelet and the wristwatch are lost one after the other due to D's fault,
D shall pay the value of the wristwatch, the last item that was lost, plus damages.
f. If the ring and the bracelet are lost through D's fault, the obligation becomes a simple
obligation to deliver the wristwatch. If the wristwatch is thereafter lost through a
fortuitous event, D's obligation is extinguished.
a. If only one or some are lost through a fortuitous event, the debtor shall deliver that
which the creditor should choose among the remainder, or that which remains if only
one Subsists.
shall be extinguished.
c. If only one or some are lost through the debtor's fault the creditor may claim any or
those subsisting, or the price of those which were lost through the debtor’s fault plus
damages.
d. If all are lost through the debtor’s fault, the creditor may claim the price of any of
them plus damages.
Examples:
a. If the ring is lost through a fortuitous event, D shall deliver either the bracelet or the
wristwatch at the choice of C.
c. If the ring and the bracelet are lost through a fortuitous event, D shall deliver the
wristwatch which is the remaining item. The obligation becomes a simple obligation to
deliver the wristwatch. If the wristwatch is thereafter lost due to D's fault, D shall pay
damages.
d. If the ring and the bracelet are lost due to D's fault, the obligation does not become a
simple obligation to deliver the wristwatch. C can still choose from the payment of the
price of the ring or the bracelet with damages, or the delivery of the wristwatch.
e. If all are lost due to the fault of D, C may claim the price of any of them plus damages.
Facultative obligation- an obligation where only one prestation is due but the debtor
may render another in substitution.
Example: D is obliged to give a specific ring to C with the agreement that D may
deliver a specific watch as a substitute.
1. Before substitution (i.e., before the debtor has informed the creditor of the
substitution)
2.) if lost due to the debtor’s fault, debtor shall pay damages.
b. Substitute
The loss or the substitute whether through a fortuitous event or through the
debtor’s fault imposes no additional obligation on the debtor because it is not yet due.
The debtor has still to deliver the principal thing.
2. After substitution
The loss of the principal ting whether through a fortuitous event or through
the debtor’s fault imposes no additional obligation on the debtor because the thing due
is already the substitute. After the substitution has been communicated, the thing due is
the substitute. The obligation also ceases to be a facultative obligation and becomes a
simple obligation.
b. Substitute
2.) If lost through the debtor’s fault, the debtor shall pay damages.
Alternative obligation and facultative obligation, distinguished