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Clarification: o Fulfilment is uncertain---- fulfilment is certain

o Give rise and extinguish an obligation---


Prescriptive period for filling rescission after specific performance demandability and extinguishment
became impossible- (case of adamos)the reckoning point should o Has retroactivity----- no retroactivity
be the finality of the judgement or when such judgement can no o (will of the debtor)- Depends exclusively on the will of
longer be enforced whichever comes latter. the debtor----merely empower the court to fix the
period
Art. 1193. Obligations for whose fulfillment a day certain - Definite period: when the exact date or time is known
has been fixed, shall be demandable only when that day - Indefinite: time or date time is not known but its sure to
comes. comedeath
- Kinds of period regards of effect
Obligations with a resolutory period take effect at once, but o Suspensive period (ex die)- the obligation becomes
terminate upon arrival of the day certain. effective only on the arrival of a certain period
o Resolutory period (in diem)- the obligation created
A day certain is understood to be that which must will extinguish upon the arrival of the certain period
necessarily come, although it may not be known when. or time
- Kinds of period regards of source
If the uncertainty consists in whether the day will come or o Legalfrom the law
not, the obligation is conditional, and it shall be regulated o Voluntarycontract
by the rules of the preceding Section. o Judicialfrom court

- What is a period: it is the length of time wherein when it


prescribed it will result to the demandability or Art. 1194. In case of loss, deterioration or improvement of
extiguishement of an obligation. the thing before the arrival of the day certain, the rules in
- What is an obligation with a period- when a certain day has Article 1189 shall be observed. (n)
arrived the obligation become demandable or extinguish.
o In period we a know that it will happen or bound to - The law says that pending the happening of the period the
happen unlike in condition its happening is still in things can be lost, deteriorate or improve, so what are the
question rule shall be followed
- What are the elements of valid obligation with a period? o Lostwithout faultthe obligation is extinguish
o Future o Lost with the fault of the debtorask for
o Certain indemnification for damages
o Physically and legally possible o Deterioration by without faultborne by the creditor
Example of impossible period: when an o Deterioration with faultspecific performance with
obligation is to be demanded on 380 th day of damages or rescission with damages
2013 o Improvement- rules of usufruct
It is possible to construct a building o Improvement by timegive to the creditor
however given such period it is - It is possible that trough a third person the creditor may be
impossible held liable for lost or deterioration
- Difference of condition and period (page 127)
o Past and future event----future event only
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that the period has been established in favor of one or of
the other. (1127)

- In general there is a presumption that the benefits of the


Art. 1195. Anything paid or delivered before the arrival of contract are made for both parties.- but it is rebuttable
the period, the obligor being unaware of the period or o Exemption
believing that the obligation has become due and When under the nature or circumstances that
demandable, may be recovered, with the fruits and such contract is established for the benefit of
interests. (1126a) one of the party.
Example: for the debtorif the loan is
- The rule is that when the thing is delivered prematurely gratuitous or without interest to paid in
because either the debtor is not aware that period has not the reasonable time
yet arrived or believing that obligation became due, then he On or before the date
may recover such payment or the principal obligation phrases that ay indicate
- What about the fruits and interest? Can it be recovered or
in favour of the debtor
there are limitations? Should it be all fruits and interest? Loan in period without
o Fruits may be recovered only when the debtor is in
interestdepends can
good faith for the mistaken payment and fruits.
both because
o If the creditor received the principal due prematurely
Note: during the
from that debtor in good faith then he becomes liable
pendency: the
only of the fruits and interest that benefited him, for
creditor cannot
fruits and interest that not benefited him then it is
demand or be
the loss of the creditor
compelled to
o But if the creditor received the principal due
receive any
prematurely knowing the fact that he will receive in
payment, the
bad faith in which case he will be obliged to return all
same with the
fruits and interest that it earned.
o Note: rule in civil law when both of the parties debtor.
o For the creditor--- expressly
acted in good faith the one who cause the lost
stipulated that he can demand
shall suffer. So in this case the debtor will
anytime but debtor cannot
suffer since it is from his mistakes that cause
compel the creditorUPON
every problem
o The burden of proof is given to the creditor DEMAND OF THE CREDITOR
that he did not received the thing in bad faith
Art. 1197. If the obligation does not fix a period, but from
Art. 1196. Whenever in an obligation a period is
its nature and the circumstances it can be inferred that a
designated, it is presumed to have been established for the
period was intended, the courts may fix the duration
benefit of both the creditor and the debtor, unless from the
thereof.
tenor of the same or other circumstances it should appear

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The courts shall also fix the duration of the period when it (2) When he does not furnish to the creditor the guaranties
depends upon the will of the debtor. or securities which he has promised;

In every case, the courts shall determine such period as (3) When by his own acts he has impaired said guaranties
may under the circumstances have been probably or securities after their establishment, and when through a
contemplated by the parties. Once fixed by the courts, the fortuitous event they disappear, unless he immediately
period cannot be changed by them. (1128a) gives new ones equally satisfactory;

- Is there a period already contemplated in this article? None, (4) When the debtor violates any undertaking, in
although no period has been provided in the contract but consideration of which the creditor agreed to the period;
from the nature and circumstances in can be inferred that
period was intended then the court may fix the period (5) When the debtor attempts to abscond. (1129a)
o Example: when two parties enter into an
- When after the obligation has been contracted, he becomes
agreement to build a house but period is
insolvent, unless he gives a guaranty or security for the
stated.
- You cannot demand the payment without having the period debt;
o What if the insolvency existed from the time of the
fix first, because the period will make it demandable, only
constitution of the contract? 1198 will not be applied,
after you fix the period that you can file a petition for
then the impairment would be borne by the creditor
specific performance, it cannot be filed simultaneously.
o Unless the fixing of the date is only for formality or and the debtor will not lose his right to use the
delaying the case. Then the court may allow the period
- When he does not furnish to the creditor the guaranties or
simultaneous act. The same with 1178 marilao case?
- So if the parties obviously intended that a period should be securities which he has promised
o Is refusal necessary or relevant in this case? No,
set in the obligation but they failed to, what is the basis?
because there could be an instance where in the
The basis is that period which probably contemplated by the
debtor failed to make guarantee for the reason of
parties, which means that the court cannot simply said that
fortuitous event so failure does always connote
unilaterally or bilaterally this particular obligation is in five
refusal. As long as he cannot furnish such guarantee
years or five months, there should be a basis to itcase of
then he is liable
araneta
- When by his own acts he has impaired said guaranties or
o Whether the period fixed by the court is justified
o There should be a basis in fixing the date it must be securities after their establishment, and when through a
based on what was intended by both parties fortuitous event they disappear, unless he immediately
gives new ones equally satisfactory;
Art. 1198. The debtor shall lose every right to make use of o Is there a distinction between the act of debtor and
the period: fortuitous event in this case? If the cause of lost is
through fortuitous event it should be a total lost, but
(1) When after the obligation has been contracted, he if the cause is through the act of the debtor it does
becomes insolvent, unless he gives a guaranty or security not necessary follows that it must be a total lost, so
for the debt; even without total lost he still liable

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- When the debtor violates any undertaking, in o or which could not have been the object of the
consideration of which the creditor agreed to the obligation
period; subsequent to the constitution of the contract
o It refers to the condition imposed on the fixing of the it become impossible or illegal
period o when only one prestation becomes practicable.
- When the debtor attempts to abscond o They could not choose to fulfil part of one and part of
o When the debtor attempts to hide from the creditor another, it must be a complete fulfilment of only one
in order to evade his obligation prestation

Art. 1199. A person alternatively bound by different Art. 1201. The choice shall produce no effect except from
prestations shall completely perform one of them. the time it has been communicated. (1133)

The creditor cannot be compelled to receive part of one and - The debtor should make a choice at the time the obligation
part of the other undertaking. (1131) is to be effected. When the obligation that is due and
demandable. He can also make a choice before it becomes
- What are the obligation according to obligation due; the problem is what if the debtor does not make a
o Simple only one prestation
choice, what will be happen? it delays the performance of
o Compound- two or more prestation
Conjunctiveseveral prestation all of them the obligation
o The right of choice will not immediately given to the
are demadable
Alternative- several prestation but creditor, first the creditor must first go the court and
file a petition for specific performance in alternative
performance of one obligation will suffice to
upon the debtors choice, if he still refuse, then
extinguish the obligation
Falcultative- have one principal prestation but creditor must execute the judgement at this time the
allowed to substitute it with another creditor can make a choice, because it means that
the debtor waived his right to use the benefit of a
Art. 1200. The right of choice belongs to the debtor, unless period
it has been expressly granted to the creditor. - When will the choice of the debtor take effect? From the
time the choice of the debtor has been communicated
The debtor shall have no right to choose those prestations - There is no required form of communication either
which are impossible, unlawful or which could not have expresses or impliedimplied once the creditor accepted
been the object of the obligation. (1132) the choice without first being notified about the choice. Or
immediate performance of the obligation without
- The general rule it is always the debtor who has the right to communication (on the part of the debtor)
choose - What is the effect of communication of the debtor with the
o When the contract expressly stated that it is given to creditor? Then the alternative obligation shall be converted
the creditor into a simple obligation that is irrevocable, unless there is a
- What are the limitations on the part of the debtor consent between the two parties
o He must not choose something that is impossible
o unlawful

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- If one make a choice is the consent of the other party is It could be due to the fault of anyone or event
required? No, because if such thing happen it will negate the except the creditor, because if such
intention of the law to give the debtor a right of choice impracticability is caused by the debtor then
o Can the creditor refused the choice of the debtor? it is not 1202 but 1203 shall apply- if it is the
Yes, only when it is unlawful impossible or which fault of the creditor the debtor may;
could not have been a subject of prestation rescind the contract with damages
- How about there are several debtors how will the choice He may elect to perform one of the
become effective? Or if they could not make choice because prestations if several prestations
they want differet things? remain practicable either with
o It will depends on the kind of the obligation whether damages or not, depends on the
it is solidary or joint obligation (relationship) circumstance if through that process
o when it is joint the consent of all members is
he lost something that is personal to
necessary to make a choice, however in the solidary him.
then the debtor is only bound with his choice and the he may elect perform the only one
others are bound with there personal choice remaining prestation
In solidary, when one debtor made a choice,
Does it apply when only one prestation
then he is bound with that choice then he
remains valid? No, as long as the
should comply with the obligation by
creditor rendered impracticability in at
preforming the said prestation. But that is
least one prestation then he is liable
without prejudice with other debtor who has
under 1203
the right to make a choice. Then if this debtor
who made the initial choice and does not yet
perform the prestation then the other debtor
can still make a choice Art. 1203. If through the creditor's acts the debtor cannot
In joint the practical way to solve the problem make a choice according to the terms of the obligation, the
is to convert the obligation into money. latter may rescind the contract with damages. (n)

Art. 1202. The debtor shall lose the right of choice when - Applicable as long as the creditor rendered
among the prestations whereby he is alternatively bound, impracticability to at least one among the
only one is practicable. (1134) prestations. --- kahit isa lang ang naging
impracticable applicable parin to.
- The right of choice belongs to the debtor if it is the fault of the creditor the debtor may;
- This article refers to a situation where in during the rescind the contract with damages
constitution of te contract several prestation are practicable He may elect to perform one of the
however subsequent to that on only remains to be prestations if several prestations
practicable or at the time of the constitution only one is remain practicable either with
practicable damages or not, depends on the
o What is the reason for impracticability circumstance if through that process
It became unlawful
Fortuitous event
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he lost something that is personal to the day when the selection has been communicated to the
him. debtor.
he may elect perform the only one
remaining prestation Until then the responsibility of the debtor shall be governed
the debtor can also ask for other by the following rules:
damages like moral damages or etc.
(1) If one of the things is lost through a fortuitous event, he
Art. 1204. The creditor shall have a right to indemnity for shall perform the obligation by delivering that which the
damages when, through the fault of the debtor, all the creditor should choose from among the remainder, or that
things which are alternatively the object of the obligation which remains if only one subsists;
have been lost, or the compliance of the obligation has
(2) If the loss of one of the things occurs through the fault
become impossible.
of the debtor, the creditor may claim any of those
The indemnity shall be fixed taking as a basis the value of subsisting, or the price of that which, through the fault of
the last thing which disappeared, or that of the service the former, has disappeared, with a right to damages;
which last became impossible.
(3) If all the things are lost through the fault of the debtor,
Damages other than the value of the last thing or service the choice by the creditor shall fall upon the price of any
may also be awarded. (1135a) one of them, also with indemnity for damages.

- if by the fault of the debtor all choices have become The same rules shall be applied to obligations to do or not
impossible, the creditor shall have the right to indmnify for to do in case one, some or all of the prestations should
damages become impossible. (1136a)
- the basis is the value of the last thing which disappeared or
the last service which became impossible - applicable when the creditor has the right of choice--
- there could be other damages (actual damages) like moral o he must make a choice when the obligation became
damages etc. due and demandable, or before the maturity of the
- the ruke if al prestation become or rendered impossible to obligation
comply, the first thing to do is to determined the cause of what if he did not make a choice, then the
impossiblity of that last prestation, if the cause of the debtor can not incur in delay in the
impossibility of the last prestation has became impossible is preformance of the obligation, this time the
due to fortuitous event the obligation is extinguish debtor is not liable, because it is the fault of
regardless the cause of impossiblity or the other prestation. the creditor
But if the caue of impossiblity of that prestation has became o it will become effective upom the choice has been
impossible due to the fault of the debtor then he becomes communicated to the debtor by the creditor
- rules
liable base on 1204 regardless of the cause of the lost of the
o If one of the things is lost through a fortuitous
previous prestation
event, he shall perform the obligation by
Art. 1205. When the choice has been expressly given to the delivering that which the creditor should
creditor, the obligation shall cease to be alternative from choose from among the remainder, or that

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which remains if only one subsists--what if only the obligation. If all the prestation becmae
all presttaion has become impossible or lost? The the impossible then the obligation extinguish. Facultative
creditor may choose the price of anyone of the if there is impossibility to deliver the principal thing
prestation with damages or prestation, the obligation is extiguish
o If the loss of one of the things occurs through o Falcultative The right of choice pertains to the debtor
the fault of the debtor, the creditor may claim alone, the creditor is never given this right,
any of those subsisting, or the price of that alternative either debtor or creditos, but in case of
which, through the fault of the former, has the creditor it must be exprexxly given,
disappeared, with a right to damages-- o
o If all the things are lost through the fault of - Lost of the substitute
the debtor, the choice by the creditor shall fall o The lost of the substitute before the substitution has
upon the price of any one of them, also with been choosen it will not render the debtor liable
indemnity for damages If the lost is cause by the debtor or anyone
same rule will apply
o But if the substitute is lost after the substitution was
made and it is due to the fault of the debtor then he
Art. 1206. When only one prestation has been agreed upon, is lible.--even if without fault of the debtor he can still
but the obligor may render another in substitution, the be held liable (default)---kailangan linawin
obligation is called facultative.

The loss or deterioration of the thing intended as a Art. 1207. The concurrence of two or more creditors or of
substitute, through the negligence of the obligor, does not two or more debtors in one and the same obligation does
render him liable. But once the substitution has been made, not imply that each one of the former has a right to
the obligor is liable for the loss of the substitute on account demand, or that each one of the latter is bound to render,
entire compliance with the prestation. There is a solidary
of his delay, negligence or fraud.
liability only when the obligation expressly so states, or
when the law or the nature of the obligation requires
- When is facultative obligation can be applied?When only one
solidarity. (1137a)
prestation has been agreed upon, but the obligor may
render another in substitution Art. 1208. If from the law, or the nature or the wording of
- How it is different from alternative obligation? Page 154 the obligations to which the preceding article refers the
o Alternative there are two or more prestation, in contrary does not appear, the credit or debt shall be
falcultative there is only obe prestation presumed to be divided into as many shares as there are
o In alternative the nullity of one prestition does not creditors or debtors, the credits or debts being considered
invalidate the obligation---as long as there is one distinct from one another, subject to the Rules of Court
pretation thet remains then the obligation is valid, governing the multiplicity of suits. (1138a)
while in facultative when the principla obligation is
- What are collective obligation? When two or more creditor or
void, the debtor can not be compelled to deliver the debtor is in one obligation
subsitute (before the substition has been made).
o Alternative the various prestation are impossible of o joint obligation--- the entire obligation is to be paid or
performance except one must be delivered to settle performed proportionately by the debtors
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the liability of the - jointindivisible obligationsis that on the part of the debtor,
its fulfillment requires the concurrence of all debtors,
obligors and the right of the oblige is although, each for his part
proportionately. o theoject or the prestation is not susceptible of
o solidary obligation--each of the debtors is liable for division and if you try to divide the essense of the
the entire obligation and each of the creditors is object will be destroyed
entitled to demand the satisfaction of the whole o several parties are jointly bound by an object or
obligation from any of all the debtors prestation which is indivisible.
there could be one debts regardless of the - The rule is:
number of the creditor or number of the o On the part of the debtor: it should be a collective
debtors action in performing the obligation
- Plurality of parties in an obligation it should treat as joint If some of them will not perform then the
obligation (presumption) obligation could no longer be fulfilled, then
o Except when the law or nature of the obligation or obligation will be converted to monetary
expressly stated in the contract that it is solidarily obligation and it will divided a among the
obligation debtors for them to pay the creditor, then the
Express stipulation of the parties person who is in fault shall bear all the
Nasa book 163, ex. I promise to pay, damages plus the actual price of the thing
jointly and collectively, plus yung case, o On the part of the creditor:
individually, severally, jointly and There could only be an extinguishment of
severally ect. obligation if the debtor able to deliver the
By law thing to the creditor jointly
in quasi-delict the liability of two or There must be a collective act on the part of
more person is solidary the creditor in demanding the obligation, the
by nature act of one is not considered as act of all.
The debtor can refuse to deliver the thing if
article 19 20 and 21,22-- those
only one creditor made the demand unless he
violation arising from these provision is
is authorize by other creditor
by nature solidary
In order to prevent default the debtor may
case IMC and NLRC
concert the obligation to monetary obligation
- kinds of solidatity
and give to the demanding creditor his
o passive- which solidarity on the part of the debtor,
proportionate part in the obligation
may mutual guarantee,
o active--if the solidarity is on the part of the
Art. 1210. The indivisibility of an obligation does not
obligation, may mutual representation,
necessarily give rise to solidarity. Nor does solidarity of
o mix solidarity- there two debtors and two creditors in
itself imply indivisibility.
one the same obligation

Art. 1209. If the division is impossible, the right of the -


creditors may be prejudiced only by their collective acts,
and the debt can be enforced only by proceeding against all Art. 1211. Solidarity may exist although the creditors and
the debtors. If one of the latter should be insolvent, the the debtors may not be bound in the same manner and by
others shall not be liable for his share. (1139) the same periods and conditions. (1140)

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Art. 1212. Each one of the solidary creditors may do Art. 1218. Payment by a solidary debtor shall not entitle
whatever may be useful to the others, but not anything him to reimbursement from his co-debtors if such payment
which may be prejudicial to the latter. (1141a) is made after the obligation has prescribed or become
illegal. (n)
Art. 1213. A solidary creditor cannot assign his rights
without the consent of the others. (n) Art. 1219. The remission made by the creditor of the share
which affects one of the solidary debtors does not release
Art. 1214. The debtor may pay any one of the solidary the latter from his responsibility towards the co-debtors, in
creditors; but if any demand, judicial or extrajudicial, has case the debt had been totally paid by anyone of them
been made by one of them, payment should be made to before the remission was effected. (1146a)
him. (1142a)
Art. 1220. The remission of the whole obligation, obtained
Art. 1215. Novation, compensation, confusion or remission by one of the solidary debtors, does not entitle him to
of the debt, made by any of the solidary creditors or with reimbursement from his co-debtors. (n)
any of the solidary debtors, shall extinguish the obligation,
without prejudice to the provisions of Article 1219. Art. 1221. If the thing has been lost or if the prestation has
become impossible without the fault of the solidary
The creditor who may have executed any of these acts, as debtors, the obligation shall be extinguished.
well as he who collects the debt, shall be liable to the
others for the share in the obligation corresponding to If there was fault on the part of any one of them, all shall
them. (1143) be responsible to the creditor, for the price and the
payment of damages and interest, without prejudice to
Art. 1216. The creditor may proceed against any one of the their action against the guilty or negligent debtor.
solidary debtors or some or all of them simultaneously. The
demand made against one of them shall not be an obstacle If through a fortuitous event, the thing is lost or the
to those which may subsequently be directed against the performance has become impossible after one of the
others, so long as the debt has not been fully collected. solidary debtors has incurred in delay through the judicial
(1144a) or extrajudicial demand upon him by the creditor, the
provisions of the preceding paragraph shall apply. (1147a)
Art. 1217. Payment made by one of the solidary debtors
extinguishes the obligation. If two or more solidary debtors Art. 1222. A solidary debtor may, in actions filed by the
offer to pay, the creditor may choose which offer to accept. creditor, avail himself of all defenses which are derived
from the nature of the obligation and of those which are
He who made the payment may claim from his co-debtors personal to him, or pertain to his own share. With respect
only the share which corresponds to each, with the interest to those which personally belong to the others, he may
for the payment already made. If the payment is made avail himself thereof only as regards that part of the debt
before the debt is due, no interest for the intervening for which the latter are responsible. (1148a)
period may be demanded.
SECTION 5. - Divisible and Indivisible Obligations
When one of the solidary debtors cannot, because of his
insolvency, reimburse his share to the debtor paying the Art. 1223. The divisibility or indivisibility of the things that
obligation, such share shall be borne by all his co-debtors, are the object of obligations in which there is only one
in proportion to the debt of each. (1145a) debtor and only one creditor does not alter or modify the
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provisions of Chapter 2 of this Title. (1149)
Art. 1224. A joint indivisible obligation gives rise to
indemnity for damages from the time anyone of the debtors
does not comply with his undertaking. The debtors who may
have been ready to fulfill their promises shall not
contribute to the indemnity beyond the corresponding
portion of the price of the thing or of the value of the
service in which the obligation consists. (1150)

Art. 1225. For the purposes of the preceding articles,


obligations to give definite things and those which are not
susceptible of partial performance shall be deemed to be
indivisible.

When the obligation has for its object the execution of a


certain number of days of work, the accomplishment of
work by metrical units, or analogous things which by their
nature are susceptible of partial performance, it shall be
divisible.

However, even though the object or service may be


physically divisible, an obligation is indivisible if so
provided by law or intended by the parties.

In obligations not to do, divisibility or indivisibility shall be


determined by the character of the prestation in each
particular case. (1151a)

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