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CHAPTER 3 
 
Pure & Conditional Obligations 
Primary classification of  1. Pure and Conditional Obligation 
obligation under the civil  2. Obligation with a Period 
code  3. Alternative and Facultative Obligation 
4. Joint and Solidary Obligation (has Multiple Subjects) 
5. Divisible and Indivisible obligation 
6. Obligation with a Penal Clause 

Secondary classification  1. Unilateral and bilateral obligation 


of obligation under the  2. Real and Personal Obligation 
civil code  3. Determinate and Generic Obligation 
4. Civil and Natural Obligation 
5. Legal, Conventional and Penal Obligation 

Pure & Conditional  Section 1: Pure and Conditional Obligations 


Obligations   
  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. (1113) 
   
What's the difference  Pure Obligations  
between a Pure and  - are obligations that are simply obligations 
Conditional obligation?  - one which is not subject to any condition and no 
specific date is mentioned for its fulfillment and 
is, therefore, immediately demandable. 

  Conditional Obligations 
  - Depends on a future or uncertain event or a past 
  uncertain event to give rise to the obligation or 
  extinguish it 
   
What is the definition of 
Condition 
a condition? 
- a future and uncertain event, upon the 
 
  happening of which, the effectivity or 
 
 
  extinguishment of an obligation (or rights) 
  subject to it depends 
   
What are the 2 kinds of  Kinds of Conditions  
conditions? 
- Suspensive Condition 
 
- Or one which holds the obligation in 
 
  abeyance until the condition is met 
  - Resolutory Condition 
  - Or one which extinguishes the obligation 
  if and where the condition is met 
   
When can an obligation  So when can an obligation be demandable at once? 
be demandable?  - When it is pure 
- When it is subject to a resolutory condition 
- When it is subject to a resolutory period 

What is an obligation  Article 1180. When the debtor binds himself to pay 
with a period?  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 
 
- An obligation with a Period is one that depends on a 
future and certain event to give rise to or extinguish the 
obligation 
 
When the debtor binds himself to pay 
- “Little by little” 
- “As soon as possible” 
- “From time to time” 
- “At any time I have money” 
- “In partial payments” 
- “When I am a position to pay” 

  Article 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  
 
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.  

 
Classification of  1. As to Effect 
Conditions  - Suspensive 
- the happening of which gives rise to the 
obligation 
- Resolutory 
- the happening of which extinguishes the 
obligation. 
2. As to Form 
- Express 
- the condition is clearly stated 
- Implied 
- The condition is merely inferred 
3. As to Possibility 
- Possible 
- The condition is capable of fulfillment, 
legally and physically 
- Impossible 
- The condition is not capable of fulfillment, 
legally or physically 
4. As to Cause or Origin 
- Potestative 
- the condition depends upon the will of 
one of the contracting parties 
- Casual 
- the condition depends upon chance or 
upon the will of a third person 
- Mixed 
- the condition depends partly upon 
chance and partly upon the will of a third 
person 
5. As to Mode 
- Positive 
- the condition consists in the performance 
of an act 
- Negative 
- the condition consists in the omission of 
an act 
6. As to Multiple Number 
- Conjunctive 
- there are several conditions and all must 
be fulfilled 
- Disjunctive  
- there are several conditions and only one 
or some of them must be fulfilled 
7. As to Divisibility 
- Divisible  
 
- the condition is susceptible of partial 
performance 
- Indivisible 
- the condition is not susceptible of partial 
performance.  

Impossible Conditions  Article 1183. Impossible conditions, those contrary to 


  good customs or public policy and those prohibited 
  by law shall an- nul 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 
   
Void Conditions  Void Conditions 
- Fulfillment of an impossible condition 
- Conditions contrary to law, good customs and public 
policy 

Art. 1184  ARTICLE 1184. The condition that some event happen 
at a determinate time shall extinguish the obligation 
as soon as the time expires or has become 
indubitable that the event will not take place. 
 
ARTICLE 1185. The condition that some event will not 
take happen at a determinate time shall render the 
obligation effective from the moment the time 
indicated has elapsed, or it has become evident that 
the event cannot occur 
 
If no time has been fixed, the conditioned shall be 
deemed fulfilled at such a time as may have 
probably been contemplated, bearing in mind the 
nature of the obligation.   
  
(Conditions with a time frame) 
 
When can you say that a condition cannot be fulfilled? 
- Within the time frame of the obligation 
 
- Even if the period does not lapse, if it is indubitable, it 
will not happen 
 
 

 
Art. 1186  ARTICLE 1186. The condition shall be deemed fulfilled 
when the obligor voluntarily prevents its fulfillment. 
 
- If you impose a condition, you cannot meddle if it 
happens or not 

Art. 1187  ARTICLE 1187. The effect 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 interest 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 interest 
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 court shall 
determine, in each case, the retroactive effect of the 
condition that has been complied with.   
 
- In an obligation to give a certain thing, what happens to 
the fruits? 
 
- Debtor: I promise to give you a pregnant dog if DLSU 
declares 2 consecutive holidays 
- *next wednesday* Duterte discovers DLSU will not 
declare, at that time the dog gives birth to puppies 
- *Tuesday* Duterte writes to declare June 12 a holiday 
- What will happen to the puppies?  
- The puppies belong to creditor 
- “once the condition has been fulfilled, shall 
retroact to the day of the constitution of the 
obligation” 
- It’s as if the condition was on the day of 
agreement 
- Reciprocal: Debtor promises to sell that dog if DLSU 
announces holiday 
- No fruits will be passed on  
 
- Ex: Prof promises to give a passing score if you pass 
the finals (regular conditional obligation) 

 
- When are you considered to have passed the 
course? 
- Since the time you enrolled 
- It’s as if from day 1, you passed the score 
- Retroactivity of the condition 
- Offset: both prof and student accept lost fruits 
(time) 
- “I passed the 2nd term” not “I passed at the end 
of 2nd term”  
- Obligation fulfilled at the end, goes back to the 
beginning 
- Ex: We made a bet that if DLSU wins UAAP season this 
term, I will pay you 5,000 because I am sure they will 
win. 
- *Lasalle Wins*  
- When was the the liability due? From the time 
you made the bet 
- No interest because no demand, no delay 
- Am i liable to pay interest as fruits? No. 
 

Retroactive Effect of  Retroactive Effect of Fulfillment of Suspensive Conditions 


Fulfillment of   
Suspensive  1. In obligation to give 
Conditions  - an obligation to give subject to a suspensive 
  condition becomes demandable only upon the 
fulfillment of the obligation 
2. In obligation to do or not to do   
- no fixed rule is provided as the courts shall 
determine the effects depending on the 
circumstances 
3. In reciprocal obligation 
- there is no retroactivity because the fruits and 
interest received during the pendency of the 
condition are deemed to have been mutually 
compensated 
- Fruits compensate each other 

Article 1188  ARTICLE 1188. The creditor may, before fulfillment of 
the condition, bring the appropriate actions for the 
preservation of his right. 
 
The debtor may recover what during the same time 
he had paid by mistake in case of a suspensive 
condition.  
 

 
- 1st paragraph is similar with negotiorum gestio 
- Voluntary management of someone else’s affair 
- 2nd paragraph is similar to solutio indebiti  
 
- Ex: Dad says “I promise to give my Porsche if you pass 
with honors” 
- Can you claim that the Porsche is yours already? 
- Not yet, you haven't graduated yet 
- However, can you start taking care of the 
car as if it's your own? 
- Yes, you are protecting your 
interest 
 
The article refers to protecting the rights of the parties prior 
to the fulfillment of a suspensive condition. 

Article 1189  ARTICLE 1189. When the condition has 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: 
Lost   
  (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 disappear in such a way that its 
  existence is unknown or it cannot be recovered; 
   
Damaged/Deteriorate  (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 decision of the 
  obligation and its fulfillment, with indemnity for the 
  damages in either case; 
   
Improved  (5) If the thing is improved by its nature, or by the time, 
  the improvement shall take effect 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.  
 

 
- “I promise to give you a cellphone when your 
graduate” 
- Things that can happen to a thing: 
- Lost (½) 
- thing is lost when it 
perishes, or goes out of 
commerce, or disappear in 
such a way that its 
existence is unknown or it 
cannot be recovered 
- Damaged/Deteriorates(¾)  
- Improve (⅚) 
- Usufructuary: you know you were gonna lose it 
eventually 
 
Requisites for the Application of 1189 
1. the obligation is a real obligation; 
2. the object is a specific or determinate thing; 
3. the obligation is subject to a suspensive condition; 
4. the condition is fulfilled; and 
5. there is loss, deterioration, or improvement of the thing 
during the pendency of the condition 
 
- If one of these is missing (generic) Article 1189 does not 
follow 

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

Art. 1191  ARTICLE 1191. The power to rescind obligations is 


  implied in reciprocal ones, in case one of the 
Rescision   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 should 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.  
 
- He who is without fault has the right to call off the 
obligation 

Article 1192  ARTICLE 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.