Article 1186 and 1187

Garcia, Paul Robert C.

 ART. 1186. The condition shall be deemed fulfilled when the obligor
voluntarily prevents its fulfillment. (1119)

This provision speaks of the DOCTRINE OF CONSTRUCTIVE FULFILLMENT

Compare with Art. 1203- REQUISITES:

1. The condition is SUSPENSIVE;
2. The obligor ACTUALLY PREVENTS the fulfilment of the condition;
3. He acts VOLUNTARILY.

Malice or fraud is not required, as long as his purpose is to prevent the

fulfillment of the condition.
No person shall profit by his own wrong.

 Example
A engaged the services of B to construct a road about 2000
meters without jurisdiction.
A ordered the construction stopped when it was almost finished

B demanded from A the payment of the whole price of

construction
A refused to pay on the ground that the construction was not yet
finished
A should pay in full, for it was he voluntarily prevented fulfilment
of the condition and so it

 Example
A promised to sell land to B if B borrows money from a certain
bank,
A later changes his mind and tell the bank not to give a loan to
B.
The condition is deemed complied with and liable to A and A
should not act in bad faith.

 Art. 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. (1120)

Effects of conditional obligation

to give:
Once the condition is fulfilled, the effects of the
conditional obligations shall retroact to the day of the
constitution of the obligation and not on the date
when the condition was fulfilled.
Example
On Jan. 1, 1999 A agreed to give B a parcel of land if he
passes the May, 1999 CPA exams. If B passes the CPA exams
in May, 1999, he is entitled to the land effective Jan. 1, 1999
because Bs right over the land retroacts to the date when
the obligation was constituted.

 As to the fruits and interest The effect of conditional

obligation to give, as a rule, do not retroact to the date of
the constitution of the obligation. The following rules shall
govern:
1. In reciprocal obligation (like a contract of sale) - the fruits and
interest during the pendency of the condition shall be deemed to
have been mutually compensated.

Example:
A agrees to sell and B agrees to buy As parcel of
land if B passes the May, 1999 CPA exams. If B passes
the May, 1999 CPA Board, the obligation becomes
demandable. B is entitled to all the interests that his
money (with which to pay A) may earn while A is
entitled to the fruits which the parcel of land may have
produced during the pendency of the condition.

2. In unilateral obligation the debtor shall appropriate the

fruits and interests received during the pendency of the
condition unless a contrary intention appears.

Example
X agreed to give Y a parcel of land if Y
passes the CPA Board in May, 1999 exams.
Pending the happening of the condition, A is
entitled to the fruits which the land may
produce, A will deliver only the parcel of land if the
condition is fulfilled, unless a contrary intention
appears.