1. CONTRACTS

2. 
 Pure and Conditional Obligations
 Obligations with a Period
 Alternative Obligations
 Joint and Solidary Obligations
 Divisible and Indivisible Obligations
 Obligations with a Penal Clause
Kinds of Obligations

3. 
Art. 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 & Conditional
PURE OBLIGATION: one without a condition or a term.
CONDITIONAL OBLIGATION: when there is a condition

4. 
Condition: an uncertain event which wields an
influence on a legal relationship. (Manresa)
Term or a Period: that which necessarily must come
whether the parties know when it will happen or not.
OBLIGATIONS DEMANDABLE AT ONCE:
(1) Pure Obligations
(2) Obligations with Resolutory Condition

5. 
 (a) suspensive: the happening of the condition gives
rise to the obligation.
(b) resolutory: happening of the condition
extinguishes the obligation.
 (a) potestative: depends on the will of the debtor.
(b) casual: depends on chance or hazard or the will
of a third person
(c) mixed: depends partly on the will of one of the
parties and partly on chance or the will of a 3rd person.
Classification of Conditions
(Book IV, The New Civil Code, E. Paras)

6. 
 (a) divisible: capable of partial performance
(b) indivisible: not capable of partial performance because
of the nature of the thing or intent of the parties.
 (a) positive: an act is to be performed.
(b) negative: something will be omitted.
 (a) express: condition is stated.
(b) implied: condition is merely inferred.
(Book IV, The New Civil Code, E. Paras)
Classification of Conditions

7. 
 (a) possible: capable of fulfillment in nature and in
law
(b) impossible: not capable of fulfillment due to
nature, or operation of law or morals or public policy.
 (a) conjunctive: if all conditions must be performed.
(b) alternative: if only a few of the conditions have
to be performed.
(Book IV, The New Civil Code, E. Paras)
Classification of Conditions

8. 
Art. 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.
Similar Phrases:
“when my means permit to do so”
“when I can afford it”
“when I am able to”
“when I have money”

9. 
Art. 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.
Suspensive & Resolutory
(a) suspensive: the happening of the condition gives rise
to the obligation.
(b) resolutory: happening of the condition extinguishes
the obligation.

10. Art. 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.
(a) potestative: depends on the will of one of the parties.
(b) casual: depends on chance or hazard or the will of a third
person
(c) mixed: depends partly on the will of one of the parties
and partly on chance or the will of a 3rd person.
Potestative & Casual

11. 
 Potestative on the part of the DEBTOR:
1. Suspensive => both condition and obligation are VOID, for being
sham
Ex. I will give you my car next year if I don’t want it anymore.
2. Resolutory => VALID
Ex. I am hiring you now as the manager of the restaurant I am
establishing, but if all the furniture I ordered from abroad do not arrive by
next month, your employment is terminated.
A condition both potestative and resolutory may be valid even if the condition
is made to depend upon the will of the obligor. (Taylor vs Tieng 43 Phil 873)
Potestative

12. 
 Potestative on the part of the CREDITOR: => VALID
Ex. I will give you my notes, if you want them.
“I will give you my P500 if I can sell my iPhone.” Is it
valid?
Potestative

13. 
Article 1183. 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.
The condition not to do an impossible thing shall be considered
as not having been agreed upon.
Impossible: can either be physical or logical
Illegal: prohibited by good customs, public policy and law
Impossible & Illegal

14. 
 Effects:
If the condition is to do an impossible or illegal thing, both
condition and obligation are void.
Ex. I will give you P300 if you kill X. Both condition (kill X) and obligation (give
P300) are void.
If the condition is negative, or NOT TO DO the
IMPOSSIBLE, the condition is disregarded but the obligation
is valid.
Ex. I will give you P300 if you jump over the moon. Disregard the condition
(jump over the moon), but the obligation (give P300 ) is still valid.
Impossible & Illegal

15. 
If the condition is negative, or NOT TO DO an
ILLEGAL act, both condition and obligation are valid.
Ex. I will give you P300 if you neither do nor sell drugs. The
condition (neither do nor sell drugs) and the obligation (give
P300 ) are valid. If you sell or do drugs, you would not be
entitled to P300.
Impossible & Illegal

16. 
Article 1184. 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.
Note: Time or term must be indicated. Otherwise, the courts
will fix the time.
Ex. I will give you a ring if you join a marathon by the end of
the year.
Positive Condition

17. 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.
Ex. I will give you a ring if by the end of the year, you have not smoked a
cigarette. The obligation (to give the ring) shall take effect at the end of the
year if you have not smoked. What if the law prohibited cigarettes
effective today. When shall the obligation take effect?
Negative Condition

18. 
Article 1186. The condition shall be deemed fulfilled
when the obligor voluntarily prevents its fulfillment.
Elements:
1. Intent – debtor wants to prevent fulfillment.
2. Action – debtor caused the actual prevention
Note: If there is a lawful cause to prevent the fulfillment, this
provision does not apply.
Constructive Fulfillment

19. 
Example:
Paula promised Nicole that she will give her an iPad if
Pauline sings inside the classroom on Wednesday. On
Tuesday night, Paula gave Pauline a bucket of
peanuts, knowing that the latter is allergic to it. What
happens if Pauline was not able to perform in class because of
her allergies?
Constructive Fulfillment

20. Article 1187. The effects of a conditional obligation to give, once
the condition has been fulfilled, shall retroact to the day of the
constitution of the obligation. Nevertheless, when the obligation
imposes reciprocal prestations upon the parties, the fruits and
interests during the pendency of the condition shall be deemed
to have been mutually compensated. If the obligation is
unilateral, the debtor shall appropriate the fruits and interests
received, unless from the nature and circumstances of the
obligation it should be inferred that the intention of the person
constituting the same was different.
In obligations to do and not to do, the courts shall determine, in
each case, the retroactive effect of the condition that has been
complied with.
Fulfillment of Suspensive Condition

21. 
On the OBLIGATION, it becomes effective from the
day it was instituted.
Ex. In 2010, Joshua promised Alvin that he will sell his car
for P100 if Chris becomes the Student Council President on
School Year 2012-2013. In July 2012, Chris became the SC
President.
Therefore, Alvin’s right to compel Joshua to sell the car began
in 2010.
Effects of Fulfillment of Suspensive
Condition

22. 
On the FRUITS AND INTERESTS:
(a) RECIPROCAL: those acquired or earned pending
the condition shall be deemed to compensate each other
even though it might be unequal in reality.
(b) UNILATERAL: debtor shall retain the fruits and
interests unless otherwise stated.
Effects of Fulfillment of Suspensive
Condition

23. 
Art. 1188. The creditor may, before the fulfillment of
the condition, bring the appropriate actions for the
preservation of his right.
“Appropriate actions” refer to judicial and extra-judicial
actions available to the creditor to preserve his right.
PRESERVATION OF CREDITOR’S RIGHT

24. 
The debtor may recover what during the same time he
has paid by mistake in case of a suspensive condition.
 The debtor is also entitled to the fruits or legal
interest if the creditor was in BAD FAITH, or he
knew that the debtor was paying prior to the
fulfillment of the condition.
Right to Recovery of Debtor

25. Art. 1189. When the conditions have been imposed with the intention of suspending
the efficacy of an obligation to give, the following rules shall be observed in case of
the improvement, loss or deterioration of the thing during the pendency of the
condition:
(1) If the thing is lost without the fault of the debtor, the obligation shall be
extinguished;
(2) If the thing is lost through the fault of the debtor, he shall be obliged to pay
damages; it is understood that the thing is lost when it perishes, or goes out of
commerce, or disappears in such a way that its existence is unknown or it cannot
be recovered;
(3) When the thing deteriorates without the fault of the debtor, the impairment is to
be borne by the creditor;
(4) If it deteriorates through the fault of the debtor, the creditor may choose between
the rescission of the obligation and its fulfillment, with indemnity for damages
in either case;
(5) If the thing is improved by its nature, or by time, the improvement shall inure to
the benefit of the creditor;
(6) If it is improved at the expense of the debtor, he shall have no other right than
that granted to the usufructuary.
Loss, Deterioration, and Improvement during
Pendency of Conditions

26. 
Elements:
(1) It is a real obligation;
(2) With a suspensive condition;
(3) The object is specific;
(4) Loss, deterioration or improvement happened to the
object pending fulfillment of the condition; and
(5) The suspensive condition has been fulfilled.
Loss, Deterioration, and Improvement during
Pendency of Conditions

27. 
 When it perishes
 When it goes out of commerce
 When it disappears in such a way that its existence is
unknown
 When it disappears in usch a way that it cannot be
recovered
Loss

28. 
Effects:
 Without the fault of the debtor, the obligation is
EXTINGUISHED.
 With fault of the debtor, he will pay DAMAGES.
Loss

29. 
Effects:
 Without fault of the debtor, the impairment is to be
borne by the creditor
 With fault of the debtor, the creditor may choose
either of the following, and indemnity for damages:
1. Rescission, or
2. Specific Performance (Fulfillment of obligation)
Deterioration

30. 
Effects:
 By nature or time, the creditor shall benefit.
 Through the expense of the debtor, the debtor gets
usufructuary rights.
Usufruct: the right to the enjoyment of use and fruits.
Improvement

31. 
Art. 1190. When the conditions have for their purpose the
extinguishment of an obligation to give, the parties, upon
the fulfillment of said conditions, shall return to each
other what they have received.
In case of the loss, deterioration or improvement of the
thing, the provisions which, with respect to the debtor, are
laid down in the preceding article shall be applied to the
party who is bound to return.
As for the obligations to do and not to do, the provisions of
the second paragraph of Article 1187 shall be observed as
regards the effect of the extinguishment of the obligation.
Resolutory Condition

32. 
Effects when fulfilled:
 The obligation is extinguished.
 Parties should restore to each other what they have
received.
 Fruits and interests thereon should be returned after
deducting the necessary expenses
Resolutory Condition

33. 
Art. 1191. The power to rescind obligations is implied in reciprocal ones, in
case one of the obligors should not comply with what is incumbent upon
him.
The injured party may choose between the fulfillment and the rescission of
the obligation, with the payment of damages in either case. He may also
seek rescission, even after he has chosen fulfillment, if the latter should
become impossible.
The court shall decree the rescission claimed, unless there be just cause
authorizing the fixing of a period.
This is understood to be without prejudice to the rights of third persons who
have acquired the thing, in accordance with Articles 1385 and 1388 and the
Mortgage Law.
Rescission

34. 
It is the cancellation (or resolution) of the contract or
reciprocal obligations in case of non-fulfillment on the
part of one.
Remedy of Rescission/Resolution:
(1) To reciprocal obligations; and
(2) The injured party is ready, willing and able to
comply his own obligation.
(3) The breach is substantial, not slight.
Rescission

35. 
The right to rescind:
 Needs court intervention when the object has been
delivered;
 Does not need court intervention when the object has
not been delivered yet.
Rescission

36. 
1. Rescission, or
2. Fulfillment of the Obligation
 The choices are alternative. The injured party can ask
either, but not both. However, if he chooses
fulfillment, but it became impossible, he may resort
to rescission.
Choice of Injured Party

37. 
Art. 1192. In case both parties have committed a
breach of the obligation, the liability of the first
infractor shall be equitably tempered by the courts. If
it cannot be determined which of the parties first
violated the contract, the same shall be deemed
extinguished, and each shall bear his own damages.
Breach by Both Parties