KINDS OF OBLIGATIONS

(Midterm Discussion)

Professor: Atty. Shane May Tampus

Primary Classification
1. Pure
2. Conditional
3. Obligations with a Period
4. Alternative
5. Joint
6. Solidary
7. Divisible
8. Indivisible
9. Obligations with Penal Clause
Secondary Classification
1. Unilateral
2. Bilateral
3. Real
4. Personal
5. Determinate
6. Generic
7. Civil
8. Natural
9. Legal, conventional, penal obligations
By the Object of the Obligation or Prestation

1. Specific or generic
2. positive or negative
3. real or personal
4. possible or impossible
5. divisible or indivisible
6. principal or accessory
7. simple or compound:
1. conjunctive - demandable at the same time;
2. distributive - either alternative or facultative
OBLIGATION WITH A PERIOD

An obligation with a period is a kind of

obligation wherein its performance is subject to
a term or period, and can only be demandable
when that period expires. Such period is 'a day
certain' which must necessarily come, although
it may not be known when.
 PERIOD VS CONDITION

in terms of fulfillment:

• a period is a future and certain event.

• a condition is an uncertain event.

in terms of time:

• a period refers only to the future.

• a condition may refer also to the past.
 in terms of influence on the obligation:

• a period fixes the time for the performance of an

obligation. It does prevent its existence (suspensive) and
conception in due time (resolutory).

• a condition causes the existence or the

extinguishment of an obligation.

 Both a period and a condition are required to be legally

and physically possible to be valid.
 KINDS OF PERIOD
according to effect:
 Suspensive period (ex die) - wherein the obligation begins
only from a day certain or upon the arrival of the period. Example:
D will pay C beginning tomorrow.
D will support C upon the death of his guardian.
 Resolutory period (in diem) - wherein the obligation is
performed only up to a day certain and terminated upon the arrival
of the period. Example:
D will pay C every week until the end of the month.
D will support C until his death.
according to source:

 Legal period - when it is provided by law.

 Conventional/Voluntary period - whent it is
agreed upon by the parties.
 Judicial period - when it is fixed by the court.
according to definiteness:

 Definite period - when it is fixed and its exact

date or time is known.
 Indefinite period - when it is not fixed and its
exact date or time is unknown, but surely happen.
 COMPUTATION OF PERIOD
• Years - are of three hundred sixty-five (365) days each,
whether it is a regular year or a leap year; or twelve (12)
calendar months.
• Months - are of thirty (30) days; unless it refers to a specific
calendar month in which case it shall be computed according
to the number of days the specific month contains.
• Days - of twenty-four (24) hours.
• Nights - from sunset to sunrise.
• Calendar Month - without regard to the number of days it
may contain.
In computing a period, the first day shall be excluded, and
the last day included.

Is also important to note that the phrases “within 10 years”

(eg. Jan. 1, 2020 - Jan. 1, 2030) and “within the 10th
year” (eg. Jan. 1, 2030 - Dec. 31, 2030) are different.
 EFFECT OF PAYMENT BEFORE THE PERIOD

A thing or money given before the arrival of the period may

be recovered by the debtor:

if he is unaware of such period.

if he mistakenly thought that such period has arrived.

The debtor shall have the burden of proof of either such

circumstances, otherwise he is presumed to be
knowledgeable of the period.
 The creditor, for his part, has the obligation to return the thing
or money received under such circumstances. This obligation
arises from solutio indebiti that prevents unjust enrichment.

 The thing or money should be returned with its fruits and

interests. But if the period has already arrived, only the fruits
and insterests should be recovered.

 The recovery of the thing or money is not applicable if the

period depends on the sole-will of the debtor; he is deemed to
have impliedly renounced the period.
EXAMPLES:

 Reggie is obliged to give Shane a ukulele on May 1, 2020.

Reggie is unaware of the period and prematurely give it on
April 29, 2020. In this case, Reggie may recover the
cellphone from Shane who has the duty to return it.

• Jessa is obliged to pay Edwin Php10,000 on July 10, 2020.

Jessa paid the amount to Edwin on June 10, 2020,
mistakenly believing that it was already due. If before July 10,
2020, Jessa may recover the Php10,000 plus interests. If
after July 10, 2020, Jessa may only recover the interests.
 BENEFITS OF A PERIOD

Aperiod fixed by the parties is presumed to have been

established for the benefit of both the debtor and the
creditor. This presumption is rebuttable.

A period may be established in favor of one of the parties as

shown in the tenor (actual wording) of the obligation or
other circumstances.
The period may either be:

For the benefit of the debtor; he cannot be compelled to

perform the obligation before the arrival of the period and
may perform the obligation in advance.

For the benefit of the creditor; he cannot be compelled to

accept the performance before the arrival of the period
and may demand the performance of the obligation in
advance.
A period may also be waived if the creditor accepts a partial
payment or performance from the debtor without any
explanation. Such partial performance is presumed to be
intentional and voluntary on the part of the creditor.
EXAMPLES:
• Vanessa is obliged to give Marissa a laptop 'on or before' June 30,
2020. Here, the period is for the benefit of Vanessa (the debtor).

• Myth is obliged to pay Rommel Php1,000 'on exactly' June 30, 2020
with the stipulation that the payment may be demanded by Rommel
before the said date. Here, the period is for the benefit of Rommel
(the creditor).

• John is obliged to pay Paul Php5,000 on exactly May 10, 2020. John
paid Php2,5000 (as partial) to Paul who unconditionally accepted it.
Here, the period is presumed to be waived by Paul (the creditor).
 POWER TO FIX PERIOD BY THE COURT
The court may fix a period:

when there is no fixed period, but it can be inferred that a

period was intended by the parties from its nature and
the circumstances.
when the duration of the period depends upon sole will of
the debtor.
In determining a period, the court aims:

To enforce the intention of the parties, not to modify the

obligation.

 To prevent the possibility of breach of obligation.

A complaint for right of action (to fix a period) should be
supported by:
 facts showing or inferring that a period for the
performance of obligation was intended by the parties.
 facts showing that obligation is favorable to one party
but forced upon unfavorably to the other.

Such complaint must expressly ask for the court for a

period, unless the facts are sufficient to show the need for
such right of action
A period cannot be fixed by the court:

if such period is agreed upon by the parties and has

already lapsed or expired.
if such period was already (previously) fixed by the court
with the consent and acceptance by the parties.

However, the parties may create a new period under a new

agreement.
EXAMPLES

Frank is obliged to deliver May a car, but there is no fixed

period for the delivery. Their obligation has a stipulation of
late delivery penalty. Here, the court can fix the period
based on the fact that the obligation has a stipulation of
late delivery penalty indicating the intention of the parties
that the book be delivered at a definite time.
Alpha is obliged to pay Maria a rent of Php15,000 every
month for a lease beginning on October 1 of this year to
continue as long as the rent is being paid. Here, the court
can fix the period as the duration depends upon the will of
D (the debtor), since he may extend the lease that should
have been temporary.
Mariel is obliged to pay Toni Php10,000 on July 30, 2020,
which is the period agreed upon by both parties. After July
30, 2020, Mariel filed for a right of action to fix the expired
period. Here, the court shall deny Mariel's such action.
Vhong is obliged to pay Jhong Php30,000 on July 30,
2020, which is the period set by the court. Vhong filed for
a right of action to fix the period again. Here, the court
shall deny Vhong's such action.
 WHEN DOES DEBTOR LOSE THE BENEFIT OF
PERIOD?
The debtor shall lose every right to make use of the period:

i. when he becomes insolvent (assets<liabilities) or unable to pay his debts as they

mature, unless he gives a sufficient guaranty or security for such debts.
ii. when he does not furnish or provide the guarantees or securities promised to the
creditor.
iii. when the guarantees or securities promised are either impaired (due to his fault or
negligence) or have disappeared/lost (due to a fortuitous event), unless
immediately replaced with something of equal value.
iv. when he violates any undertaking that are taken into consideration in the
agreement to the period by the creditor.
v. when he attempts to abscond or escape the obligation secretly.
In such cases, the period is extinguished and the obligation
becomes obligation becomes pure, and hence
demandable at once.
EXAMPLES
Love is obliged to pay Babe Php10,000 on June 30, 2020.
If Love becomes bankrupt (insolvent) before that date,
Babe can demand immediate delivery from Love who
cannot give any guaranty or security for the debt.

Anne is obliged to pay Jean Php50,000 on July 30, 2020

with the promise to mortgage her land to secure the debt.
Anne failed to pay the debt and hence her land can be
claimed by Jean. If Anne also fails to furnish her land,
Jean can demand immediate action.
Kulet is obliged to pay Kuba Php8,000 on July 30, 2020 with a
house as security.
 If that house is damaged by a fire caused by Kulet, then Kuba
can demand immediate action, unless Kulet give a new
security that is equally satisfactory.
 If that house is destroyed (disappeared) by a storm (fortuitous
event), then Kuba can demand immediate action, unless
Kulet give a new security that is equally satisfactory.

The destruction shall be to the point that the house can no

longer be deemed a 'house'.
Naomi is obliged to give Rhea a tablet on June 30, 2020.
Rhea agreed to that date since Naomi promised to give
her a free e-book. If Naomi fails to give the promised e-
book, Rhea can demand immediate action.

Dennis is obliged give Duke a book on June 30, 2020.

Dennis changed his contact number without informing
Duke. If Dennis did that to escape the obligation, Duke
can demand immediate action.