ARTS 1179-1186 Cabazal

Article 1179

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

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

Pure Obligation – not subject to any condition and no specific date is mentioned for its fulfillment, and
is, therefore, immediately demandable.

*basta no condition and no maturity date

Ex) D obliges himself to pay C 1,000 php.

Conditional Obligation – subject in one way or another to the fulfillment of a condition.

*basta may condition

Condition – future and uncertain

- Past but unknown – may refer to past event unknown to the parties
- A condition must now be impossible

KINDS OF CONDITION:

Suspensive – fulfillment will give rise to an obligation

*mag aarise lang yung obligation once na mafulfill mo yung condition

Ex) I will sell you the land if you pass the bar

- Ibibenta ko lang sayo yung land kung makakapasa ka ng bar

Resolutory – fulfillment of which will extinguish an obligation

*maeenxtinguish lang yung obligation once na mafulfill mo yung condition

Ex) I will let you stay in my land until you graduate from college

*pag graduate ka na ng college, extinguish na rin yung obligation ko to let you stay on my land

Note: if the suspensive condition is fulfilled, the obligation arises, while if it is the resolutory condtition
that is fulfilled, the obligation is extinguished.
When obligation is demandable at once.

-when it is pure

-subject to resolutory condition

-subject to resolutory period

Past Event Unknown to the Parties to the Contract

If it has happened – the obligation immediately exists purely and simply.

If it has not happened – there is no obligation at all.

Application of Past Events Unknown to the Parties: When Proper

The future knowledge or proof of the past event, but not the past event itself is the only possibility of
applying a past event as a condition in an obligation.

Traditional Classifications of Conditions Classified by Manresa

As to effect:

Suspensive – when the performance or fulfillment of the condition results in the birth or acquisition of
the rights contemplated in the obligation.

Resolutory – results in the extinguishment of the rights which have previously arisen out of the
obligation.

As to Cause/Origin :

Potestative – depends upon the will of the debtor

Casual – depends upon chance and/or upon the will of the third person

*normal condition lang

Mixed – depends partly upon the will of a party to the obligation and partly upon chance and/or the will
of a third person.

*may third party na pagdedependehan

As to Possibility:

Possible – when the condition is capable of fulfillment according to nature, law, public policy or good
customs. (Art. 1183)
Impossible – not capable of fulfillment according to nature, law, public or good customs. (Art. 1183)

As to mode:

Positive – when the condition involves the doing of an act. (Art. 1184)

*to do

Negative – when the condition involves the omission of an act. (Art. 1184)

*not to do

As to Divisibility

Divisible – when the condition is susceptible of partial performance.

Indivisible – when the condition is not susceptible of partial performance.

As to numbers:

Conjunctive – when there are several conditions in an obligation and all of which must be performed.

Alternative – when there are several conditions in an obligation but only one must be performed.

As to form :

Express – when the condition is expressly stated.

Implied – when the condition is not expressly stated but merely inferred from the conduct of the
parties.
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 1197.

 When the debtor binds himself to pay forms of promise or commitment, the obligation is
deemed with a period or term.

 The moment of payment is dependent upon the will of the debtor.

Note: As the time of payment is not fixed, the same must be first fixed first before any action for
collection should be allowed. This means, the creditor cannot immediately file an action for collection of
the sum promised to be paid.

*pag yung debtor promises to pay dapat palaging may period, yun lang din yung left to his will. Pag yung
debtor at creditor cant agree on the specific time for payment, the court shall fix it

Phrases Indicating A Term or Period

1. A commitment to pay “little by little”

2. “As soon as possible”

3. “As soon as I have money”

4. When the creditor agreed “to wait until such time the debtor could pay the full indebtedness.”

5. Obligation to be paid “in partial payments”

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

*pinagkaiba lang ng suspensive at resolutory to

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.

*debtor cant decide for when’s the fulfillment

*cant be put in demand by the debtor

*only the creditor can dictate the maturity date so that the obligation can be valid

*ang nacacancel lang ay yung condition di yung obligation

Impossible conditions, those contrary to good customs or public policy and those prohibited by law
shall annul the obligation which depends upon them. If the obligation is divisible, that part thereof
which is not affected by the impossible or unlawful condition shall be valid.

Possible Condition – capable of realization or actualization in accordance to

 –nature

 –law

 –public policy

 –good custom and morals

Impossible Condition – not in accordance to possible conditions

 Physically Impossible – contrary to the law of nature (nature of things or cannot be done)

 Juridically Impossible – contrary to law, morals, public policy and good custom

Effects of Impossible Conditions:

1. Conditional obligation void – annul the obligation

2. Conditional obligation valid – ig the condition is negative (not to do) its valid

3. Only affected obligation is void. – if dovisible, the not affected part will be valid

4. Only the condition void. – condition lang navvoid di yung obligation

The condition that some event happen at a determinate time shall extinguish the obligation as soon
as the time expires or if it has become indubitable that the event will not take place.

Positive Condition – pag nag expire na yung time = obligation will be extinguished

-kahit di pa nag eexpire yung time pero sureball na hindi na mangyayari = obligation
will be extinguished

Ex) X obliges himself to give B 10,000 if B will marry C before B reaches the age of 23

*X is liable pag pinakasalan ni B si C before sila mag 23

*X will not be liable pag pinakasalan ni B si C pag 23 na sila mismo or even after 23

*pag namatay si B before reaching the age of 23 maeextinguish na yung obligation since sureball na na
hindi mangayayari
Article 1185

The condition that some event will not happen at a determinate time shall render the obligation
effective from the moment the time indicated has elapsed, or if it has become evident that the event
cannot occur.

If no time has been fixed, the condition shall be deemed fulfilled at such time as may have probably
been contemplated, bearing in mind the nature of the obligation

*parang same lang to sa 1184

The condition that some even will not happen at a determinate time will make the obligation effective
when:

a.) the determinate time has elapsed without the event having occured;

Illustration: Jun obligated himself to deliver a piece of land to Mario on the condition that Mario shall
not run for Vice-Mayor in their municipality within 9 years.

More than 9 years had elapsed without Mario running for Vice-Mayor. The obligation to deliver the
piece of land becomes effective.

b.) it has become evident that the event will not occur.

Illustration: Jun obligated himself to deliver a piece of land to Mario on the condition that Mario shall
not run for Vice-Mayor in their municipality within 9 years.

Before 9 years had elapsed, the Municipality became totally submerged by lahar and ceased to be a
municipality. The residents had to transfer to other municipalities. In this case, even before the lapse of
9 years it is clear that the obligation has become effective because of the disappearance of the
Municipality. It is not evident that Mario can never run for Vice-Mayor anymore in that Municipality
because it ceased to be one.
Article 1186

The condition shall be deemed fulfilled when obligor voluntarily prevents its fulfillment.

*basta sinadya ni obligor pawalain yung obligation ni oblige

This article refers to constructive fulfillment of the condition. For constructive fulfilment to operate, the
following requisites must be present:

(a) there is intent on the part of the obligor to prevent the happening of the condition

(b) the obligor actually prevents its fulfillment.

Hence, when the obligor committed an act voluntarily which is not intended to prevent the fulfillment of
the condition but nevertheless resulted to in the frustration of the condition, there is no constructive
fulfillment.