1. KINDS OF OBLIGATION

2. As to Sanction
 Civil or perfect obligation . It is an obligation
whose sanction is law.
 Natural Obligation or naturalis obligatio is
one enforceable by law but nevertheless binding
on the obligor by dictate of his conscience and
the basic postulates of natural law, justice and
equity.
 Moral Obligation is a duty imposed by ethical
or religious belief.

3. As to Subject Matter
 Real Obligation . The
obligation to give
 Personal Obligation . The
obligation to do or not to do.

4. As to Number of Persons Obliged
 Unilateral Obligation . Is one
where only one party is bound. Only
one party undertakes a
performance.
 Bilateral Obligation . Is one where
both parties are bound, as in the
contract of sale.

5. As to Mode of Performance
 Positive Obligation . Is an obligation to
give and to do, the essence is affirmative
action
 Negative Obligation . Is an obligation
not to give or not to do, the essence is
inaction or non-action.

6. As to Sequence of Performance
 Primary Obligation . The principal
object of the contract.
 Secondary Obligation . One which is
contracted and is to be performed in case
the primary obligation cannot be
performed.

7. As to Object
 Principal Obligation . One which arises
from the principal object of the
engagement of the contracting parties.
 Accessory Obligation . One which
depends upon or peripheral or collateral
to the principal

8. Kinds of Obligations Under the
Civil Code
 Pure and Conditional Obligation.
 Obligation with a Period
 Alternative Obligation
 Joint and Solidary Obligation
 Divisible and Indivisible Obligation
 Obligation with a Penal Clause

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

10. Conditional Obligation
Conditional obligation is one the fulfillment
of which is dependent upon the happening
of an event.
THE CONDITION MAY BE;

11.  Suspensive or Condition Parecedent – wherein
the happening of the condition gives rise to the
obligation. The obligation is not to take effect until the
event happens, it is a suspensive condition
 Resolutory Condition or Condition Subsequent
– wherein the happening of the condition extinguishes
the obligation, obligation with resolutory condition take
effect at once, but terminate upon the happening of the
event.
 Potestative – wherein the condition depends upon
the will of the debtor. (Invalid Condition, Art. 1182)
 Casual – wherein the condition depends upon
chance, or on the will of the third person
 Impossible Conditions – those contrary to good
customs or public policy and those prohibited by law,
shall annul the obligation which depends upon them.

12. Obligations with a Period or
Term
Obligations for whose fulfillment a day
certain has been fixed is called an
obligation with a period or term and is
demandable only when that day comes.
In obligation with a period , the general
rule is that it is presumed that the period
has been established for the benefit of
both creditor and debtor

13. In the following instances, the court
may fix the period
 If the obligation does not fix a period but
from its nature and circumstances it can
be inferred that a period was intended
 When it depends on the will of the debtor
 When the debtor binds himself to pay
when his means will permit him to do so.

14. Alternative Obligation
An alternative obligation is one where out of
two or more prestations which may be
given or performed, only one is due and
the complete performance of one of them
extinguishes the obligation.
The Obligee or creditor cannot be
compelled to receive part of one and
part of the other undertaking or prestation
(Article 1199, Civil Code)

15. As a general rule, the right to choose the alternative
belongs to the debtor. However, there are four limitations to
this right of choice of alternative by the debtor.
 When the right of choice of the alternative is expressly
granted to the creditor by mutual agreement of the
parties (Art. 1200, Civil Code)
 The debtor has no right to choose those prestations
which are impossible, unlawful or which could not have
been the object of the obligation (Art. 1200, Civil Code)
 The choice cannot produce any legal effect until it has
been communicated to the other party (Art. 1200, Civil
Code)
 The debtor loses the right of choice among the
prestations whereby he is alternatively bound when
only one alternative is left that is practicableof
performance

16. Facultative Obligation
 When only one prestation has been has
been agreed upon, but the obligor may
render another in substitution, the
obligation is facultative (Article 1206, Civil
Code)

17. Joint and Solidary Obligation
A joint obligation may be defined as an
obligation where there is a concurrence of
several creditors or several debtors, by
virtue which each of the creditors has a
right to demand, while each of the debtors
is bound to render the compliance with his
proportionate part of the prestation which
constitute the object of obligation.

18. The Right of the Creditors in
Solidary Obligation
 The right to demand entire payment of the debt or the
entire compliance with the prestation from any one of
the debtors
 If the debt has not been fully collected from one
debtor, the creditor has the right to demand payment
from the remaining debtors (Art. 1216, Civil Code)
 The right to file an action for compliance with the
obligation against one , some all of the debtors
simultaneously.
 The right to receive payment or compliance with the
entire prestation, from one, some or all of the debtors
 The right to do whatever may be useful to the other
creditors.
 The right to assign his rights with the consent of the
other creditors (Art 1213, Civil Code)
 The right to make a novation, compensation, confusion
or remission of the debt.

19. Obligations of a Solidary Debtor
 To pay the entire debt or fulfill the entire prestation when so
demanded by creditors. Payment made by one of the solidary
debtors extinguishes the obligation. If two or more solidary
debtors offer to pay, the creditor may choose which offer to
accept. (Art. 1217, Civil Code)
 To pay his corresponding share in the debt in case one of the
solidary debtors made full payment of the obligation, with the
interest for the payment already made. If payment is made before
the debt is due, no interest for the intervening period may be
demanded. (Art. 1217, Civil Code)
 To pay for the share of the insolvent co-debtor in proportion to
the debt of each when one of the solidary debtors cannot,
because of his insolvency, reimburse his share to the debtor
paying the obligation (Art. 1217 3rd par. Civil Code)
 If the solidary debtor makes payment after the obligation has
prescribed or become illegal, he losses the right to
reimbursement from his co debtors (Art. 1218, Civil Code)

20. Divisible and Indivisible
Obligation
 An obligation to give definite things and those
which are not susceptible of partial performance
is deemed an indivisible obligation (Art.
1225, Civil Code)
 When the obligation gives rise for its object the
execution of certain number of days work, the
accomplishment of work by metrical units, or
analogous things which by their nature are
susceptible of partial performance, such
obligation is called divisible obligation.

21. Obligation with a Penal Clause
An obligation with a penalty is one where if
the obligation is not complied with, the
penalty imposed shall substitute for
damages and the payment of interests,
unless otherwise stipulated (Art. 1226,
Civil Code)

22. A penalty imposed for the breach of contract
shall be enforced if the agreement is
violated, whatever the obligee has
suffered from damages or not, inasmuch
as one of the primary purposes in fixing a
penalty is to avoid damage.
 Proof of actual damages suffered by the
creditor is not necessary in order to
demand penalty (Art. 1228, Civil Code)

23. As a general rule is that the penalty takes place of
indemnity for damages and for the payment of
interest, except:
 when there is express agreement to the
effect that damages or interest may still
be recovered, despite the presence of
the penalty clause (Art 1226, Civil Code)
 when the debtor refuses to pay the
penalty imposed in the obligation (Art.
1226, Civil Code)