CHAPTER 3: Different Kinds of Obligations
Eh kasi non-existent pa
KINDS OF OBLIGATIONS
1. Pure vs. Conditional
2. With Period
3. Alternative vs. Facultative
4. Joint vs. Solidary
5. Divisible vs. Indivisible
SECTION 1 Pure vs. Conditional Obligations
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. Eto yung PURE OBLIGATION
(Hindi sya nakadepend sa future or uncertain event kaya
DEMANDABLE sya at once.)
Every obligation which contains a resolutory
condition* shall also be demandable, without
prejudice to the effects of the happening of the
event. * Na-eextinguish yung obligation kapag nangyari
na yung uncertain future event.
PURE OBLIGATION one which is not subject to any
condition and no specific date is mentioned for its
fulfillment and is, therefore, immediately demandable
CONDITIONAL OBLIGATION one whose
consequences are subject in one way or another to the
fulfillment of a condition
Condition - future and uncertain event, upon the
happening of which, the effectivity or extinguishment of
an obligation
Ang condition ay pwedeng FUTURE or PAST BUT
UNKOWN
1. Future also should be uncertain, kasi pag
certain period na ang tawag don.
2. Past but unkown nangyari na sya before pero
dapat DI ALAM ng parties. Hindi sya pwedeng
imposible obligation (Art. 1183)
Kinds of Condition
1. Suspensive kapag nangyari yung condition,
magkakaroon ng obligation
Papakasalan kita kapag gumanda ka.
Himayin natin, yung condition ay kapag
gumanda ka pwede sya mangyari sa future,
pero uncertain, tapos, magkakaroon ka ng
obligation na pakasalan sya, IF magkatotoo
ngang gumanda sya.
SUSPENSIVE CONDITION
a. perfection will give rise to obligation
b. must be intended to be suspensive or else non-
fulfillment WILL NOT result to perfection of
contract
c. NO RECISSION why?
yung obligation habang di pa nangyayari yung
condition.
2. Resolutory mawawala yung obligation kapag
nangyari yung condition
Mamahalin lang kita habang wala pa nanay
mo.
Himayin natin, yung condition ay habang
wala pa nanay mo, pwede mangyari sa
future na dumating yung nanay, at uncertain
din if dadating, tapos mawawala yung
obligasyon nyang mahalin ka, pag dumating
na yung nanay
SUSPENSIVE vs. RESOLUTORY
Condition fulfilled = Condition fulfilled =
obligation arises obligation is extinguished
While condition is not yet While condition is not yet
fulfilled = juridical tie does fulfilled = juridical tie exists
not exist
While condition is not yet While condition is not yet
fulfilled = existence of fulfilled = possibility of
obligation is a mere hope termination of obligation
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 Eto na yung
tinatawag na PERIOD- future event pero sure na
mangyayari
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.
Sinasabi lang here na sa CONDITIONAL
OBLIGATIONS, yung pag-acquire ng rights at pag-loss
ng meron ng rights, ay depende padin sa pag-happen ng
condition
ACQUISITION OF RIGHTS
maacquire lang yung rights kapag nangyari yung
condition
Example: The dog is yours when you pass the exam.
magkakarights ka lang sa dog, pag naipasa
mo yung exam
LOSS OF ACQUIRED RIGHTS
pag nangyari yung condition, mawawala yung mga
rights na meron ka na
Example: Mawawalan ka ng trabaho pag sinisante kita.
yung rights mo over work, mawawala if
nagdecide yung boss mo na ilet go ka
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. Dito naman POTESTATIVE
condition yung tinutukoy.
POTESTATIVE CONDITION yung condition ay based
sa will ng one of the contracting parties
According to Art. 1182:
1. Pag yung condition ay naka depende sa
DEBTOR: Void and Conditional Obligation
cannot be legally demanded
babayaran kita pag gusto ko na
2. Pag yung condition ay naka depende sa chance
or sa third person: (Causal Condition) Valid yung
obligation
3. Pag yung condition ay naka depende partly sa
chance at partly sa third person: (Mixed
Condition) Valid padin
4. Pag yung condition ay partly naka depende sa
chance or sa third person tapos partly sa debtor:
Valid padin
May cases na ONLY THE CONDITION IS VOID
1. kapag pre-existing yung obligation
2. yung pre-existing obligation ay di nakadepende
sa pag fulfill ng condition
3. di maapektuhan yung obligation
Example: Bumili ako ng kotse kay Miggy, sabi ko
babayaran ko yung kotse kapag nabenta ko
yung bahay ko.
* dito, void ang condition kasi ako yung debtor at
sabi sa Art. 1182 bawal na nakadepende sakin
yung condition, kaya hindi void yung obligation
kasi binili ko nga yung kotse ni Miggy, so
obligation kong bayadan yun. Nagexist na yung
obligation kahit di pa fulfilled yung condition
4. Di man expressly nakalagay, pero pag yung
potestative condition ay depende sa creditor: Valid
yung Conditional obligation
5. Pag yung condition ay RESOLUTORY tapos
nakadepende sa debtor: Valid padin yung
conditional obligation
ART. 1183. Impossible conditions, those contrary to
good customs or public policy and those prohibited
by law shall annul the obligation which depends
upon them. Eto yung tinutukoy na impossible
condition, meaning imposible syang mafulfill If the
obligation is divisible, that part thereof which is not
affected by the impossible or unlawful condition
shall be valid. Pero kapag DIVISIBLE obligation,
meaning yung pag oblige dun ay pwede hati-hati, yung
part na hindi apektado ng IMPOSIBLE obligation ay valid
padin
The condition not to do an impossible thing shall be
considered as not having been agreed upon.
Yung condition na wag gawin ang imposibleng bagay
ay kikokonsider na di napag-agreehan
Kinds of Impossible Conditions
1. Physically Impossible cannot be done because
of nature
2. Legally Impossible cannot be done because it
is contrary to law, morals, good customs, public
order, or public policy.
According to Art. 1183:
1. Pag imposible yung condition: Void yung
conditional obligation
2. Pag negative yung condition (not to do an
imposible thing): valid yung conditional
obligation
3. Pag divisible yung obligation: yung part lang na
naapektuhan nung imposible condition ang void.
May cases na ONLY THE CONDITION IS VOID
1. kapag pre-existing yung obligation
2. yung pre-existing obligation ay di
nakadepende sa pag fulfill ng condition
3. di maapektuhan yung obligation
Example: I will give you 100 if you wear this
shoe and extra 100 if you kill Kim Chui
Valid yung pag bigay nung unang 100, pero
yung extra 100 hindi na kasi imposible
condition sya for being unlawful
ART. 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.
POSITIVE CONDITION ETO
POSITIVE CONDITION:
The obligation is extinguished kapag
1. time expires WITHOUT the event taking place
2. sure na na hindi mangyayari yung isang bagay
(indubitable) kahit di pa nageexpire yung time
Example:
Bibigyan ko ng 10K is Oliver kapag pinakasalan ni
Shanelle si Migoy bago mag February 14, 2017
A. Pag pinakasalan ni Shanelle si Migoy bago mag
Feb 14, liable ako.
B. Pag pinakasalan ni Shanelle si Migoy sa Feb 14
or after, di ako liable
C. Pag namatay si Shanelle bago mag Feb 14,
extinguished ang obligation
ART. 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. NEGATIVE CONDITION ETO
NEGATIVE CONDITION:
Magkakaroon ng obligation kapag:
1. time expires WITHOUT the event taking place
 2. sure na na hindi mangyayari yung isang bagay
(indubitable) kahit di pa nageexpire yung time
3. pag walang naka fix na time the circumstances
shall be considered to determine the intention of
the parties. This rule may also be applied to a
positive condition.
Example:
Bibigyan ko ng 10K is Oliver kapag HINDI pinakasalan ni
Shanelle si Migoy bago mag February 14, 2017
A. Pag pinakasalan ni Shanelle si Migoy bago mag
Feb 14, hindi ako liable.
B. Pag pinakasalan ni Shanelle si Migoy sa Feb 14
or after, liable na ako
C. Pag namatay si Shanelle bago mag Feb 14,
effective na ang obligation kasi nga hindi na
matutuloy talaga yung kasal.
ART. 1186. The condition shall be deemed fulfilled
when the obligor voluntarily prevents its fulfillment.
According to Art. 1186 pag ka daw yung obligor
voluntarily prinivent ang pag fulfill ng condition, deemed
fulfilled na daw yun. PERO FOLLOWING THESE
REQUISITES:
1. The condition is suspensive;
2. The obligor actually prevents the fulfillment of
the condition;
3. He acts voluntarily.
NOTE THAT: The law does not require that the obligor
acts with malice or fraud as long as his purpose is to
prevent the fulfillment of the condition. He should not be
allowed to profit from his own fault or bad faith to the
prejudice of the obligee. In a reciprocal obligation like a
contract of sale, both parties are mutually obligors and
also obligees.
Example: Sabi ko kay Migoy bibigyan ko sya ng
sampung piso kapag nabenta nya yung phone ko, nung
nakahanap na sya ng bebentahan, ako mismo yung
nagbenta dun sa taong yun para di ko na bigyan si
Migoy ng sampung piso. Sa gantong case, applying Art.
1186, deemed fulfilled yung serbisyo ni Migoy, at
kailangan ko sya bigyan ng 10 pesos.
Nagaapply din ito sa RESOLUTORY CONDITION PARA
SA DEBTOR NA MAWAWALAN KAPAG NANGYARI
YUNG CONDITION
Example:
Sabi ko kay Migoy pwede syang tumira sa bahay namin
hanggat meron akong trabaho. Nung nalaman ni Migoy
na mawawalan na ako ng trabaho, gumawa sya ng
paraan para hindi ako maalis sa trabaho nay un.
EXTINGUISHED na yung obligation ko kay Migoy kasi
sya mismo ang nagprevent mangyari yung condition
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
deter- mine, in each case, the retroactive effect of
the condition that has been complied with.
Retroactive effects of fulfillment of suspensive
condition.
(1) In obligations to give. An obligation to give subject
to a suspensive condition becomes demandable only
upon the fulfillment of the condition. However, once the
condition is fulfilled, its effects shall retroact to the day
when the obligation was constituted.
Example:
Sabi ko bibigyan ko si Leo ng lupa kapag naka 90 sya sa
Consti 2, prinomise ko to FEB 14. Kaso yung lupa na
prinomise ko nabenta ko na kay Chelsea ng FEB 15.
Tapos lumabas na yung grades tapos naka 90 si Leo
nung FEB 16. Bago mag FEB 16 wala pang karapatan si
Leo idemand yung lupa ko, pero dahil prinomise ko sya
nung FEB 14, at nafulfill nya yun, it is as if may
karapatan sya sa lupa FEB 14 palang. Kaya, may mas
right sya kay Chelsea dun sa lupa ko.
(2) In obligations to do or not to do. With respect to
the retroactive effect of the fulfillment of a suspensive
condition in obligations to do or not to do, no fixed rule is
provided. This does not mean, however, that in these
obligations the principle of retroactivity is not applicable.
Example:
SITUATION A: Si Gelaine lawyer ko, may utang sya
sakin. Sabi ko pag napanalo nya yung kaso ko wala na
syang utang Dito, kahit mapanalo pa ni Gelaine kaso
ko, di ako entitled sa interest ng utang ni Gelaine sakin
habang pending yung case kasi nga ang intention ko ay
is to extinguish debt
SITUATION B: Si Andy lawyer ko, tapos engineer ako,
sabi ko kay Andy, mapanalo nya lang kaso ko, gagawin
ko bahay nya ng libre. Dito, walang retroactive effect
during pending yung case.
Retroactive effects as to fruits and interests in
obligations to give.
(1) In reciprocal obligations. There is no retroactivity
because the fruits and interests received during the
pendency of the condition are deemed to have been
mutually compensated.

Example: Nung Feb 16, nag sabi ako na pag napanalo
ni Gillian yung kaso ko, bibigyan ko syang lupa. Nung
napanalo nya na nung Feb 19, obliged akong ideliver
yung lupa ko, however yung fruits non before Feb 19 di
ko kailangang ibigay at di nya din kailangang bayaran
yung interests.
(2) In unilateral obligations. There is usually no
retroactive effect because they are gratuitous. The
debtor receives nothing from the creditor. Thus, fruits
and interests belong to the debtor unless from the nature
and other circumstances it should be inferred that the
intention of the person constituting the same was
different.
Example:
Bibigyan ko si Joms ng lupa kapag napasa nya yung
Ethics, pag nagawa ni Joms yun, di ko kailangan ibigay
sakanya yung fruits na nabunga habang di pa nya
naipapasa.
ART. 1188. The creditor may, before the fulfillment of
the condition, bring the appropriate actions for the
preservation of his right.
The debtor may recover what during the same time
he has paid by mistake in case of a suspensive
condition.
Rights pending fulfillment of suspensive condition
Ang mga rights habang di pa nafufulfill ang isang
condition ay:
PAG SA CREDITOR - bring appropriate actions for the
preservation of his right
PAG SA DEBTOR - recover what he has paid by mistake
prior to the happening of the suspensive condition *
kailangan by MISTAKE, or else deemed na waived yung
condition
Example: Si Jin binentahan ako ng lupa, pero magiging
akin lang yung titulo kapag nabayaran ko na in full yung
price within 6 months. Nagbayad na ako ng partial
payments. Kaso si Jin, binenta naman na kay Andy yung
lupa. Sa case na to, hindi ko na pwede hingin kay Andy
yung lupa maski nakapagbayad na ako, kasi di pa
naman fulfilled yung obligation. Pero, ang karapartan ko
under Art. 1188 ay hingin kay Jin yung mga nabayad ko
na.
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 disap- pears 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.
Kelan lang mag aapply ang Art. 1189?
Requisites:
1. real obligation
2. specific or determinate object
3. suspensive condition
4. fulfilled condition
5. there is loss, deterioration, or improvement of
the thing during the pendency of the happening
on one condition.
RULES HABANG PENDING PA ANG SUSPENSIVE
CONDITION:
** Meaning of lost perishes, or goes out of commerce,
or disap- pears in such a way that its existence is
unknown or it cannot be recovered
1. Pag yung object ay LOST, tapos walang
kasalanan si DEBTOR = Extinguished obligation
2. Pag yung object ay LOST, tapos merong
kasalanan si DEBTOR = pay for damages
3. Pag yung object ay NAGDETERIORATE, tapos
walang kasalanan si DEBTOR = impairment is
to be borne by the creditor
Example: Bibigyan ko ng kotse si Miggy, pero
naaksidente yung car ng wala akong kasalanan.
Nabawasan ng value yung car, si Miggy ang
mag susuffer nung deteriotration
4. Pag yung object ay NAGDETERIORATE, tapos
merong kasalanan si DEBTOR = pwede
irecission nung creditor or damages
5. Pag yung object ay naimprove by nature/time =
improvement shall inure to the benefit of the
creditor
Example: Bibigyan ko ng kotse si Miggy, pero
tumaas yung value car ng, si Miggy ang mag
eenjoy nung benefits ng pagtaas.
6. Pag yung object ay naimprove by the expense
of the debtor = debtor has no other right than
that granted to the usufructuary.
Example: Bibigyan ko ng kotse si Miggy, pero
habang di ko pa binibigay pinapinturahan ko,
dahil dito granted ako ng right to enjoy and use
yung property with respect lang dun sa
improvement na ibinigay ko.

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 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.
Effects of fulfillment of resolutory condition
Anong mangyayari kapag nafulfill yung resolutory
condition:
1) In obligations to give. When the resolutory
condition in an obligation to give is fulfilled, the obligation
is extinguished (Art. 1181.) and the parties are obliged to
return to each other what they have received under the
obligation
Anong effect?
a. retroactive effect
b. obligation of mutual restitution is absolute
c. restitution against the other IF yung object na
ibabalik ay nasa 3rd person legally who did not
act in bad faith
d. conditions not fulfilled = rights become vested
(2) In obligations to do or not to do. In some
obligations, the courts shall determine the retroactive
effect of the fulfillment of the resolutory condition (par. 2.)
as in the case where the condition is suspensive. (Art.
1187, par. 2.) The courts in the exercise of discretion
may even disallow retroactivity taking into account the
circumstances of each case.
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.
UNILATERAL isang party lang ang obliged to comply
with the prestation
BILATERAL both parties are MUTUALLY bound to
each other (parehas sila may obligasyon sa isat isa)
Kinds of Bilateral Obligations
1. Reciprocal both parties are the debtor and the
creditor, but dependent of each other
Example: I buy, you pay. You give me the
product, I give you the money.
2. Non-reciprocal both parties are the debtor and
the creditor, but the performance of one party is
not dependent upon the simultaneous
performance by the other
Example: Umutang ako sayo, pero ikaw hiniram
mo kotse ko. Obligasyon kong bayadan ka,
obligasyon mo din ibalik kotse ko. So, parehas
tayo may obligasyon sa isat isa, pero yung
fulfillment ng obligation ko, hindi dependent sa
obligation mo, mafulfill man or hndi.
According to Art. 1191:
1. Pag yung conditions purpose ay extinguishment
of an obligation to give, the parties, pag nafulfill
na yung obligations, ay ibabalik to each other
kung ano mang natanggap nila.
2. May right ang injured party to choose between
rescission or fulfillment nung obligation with
damages.
PAG YUNG ISANG OBLIGOR DI NAGCOMPLY,
PWEDENG GAWIN TO:
1. action for specific performance (fulfillment) of the
obligation with damages
2. action for rescission of the obligation also with
damages
** breach of an obligation failure or refusal by a party
WITHOUT legal reason to comply.
** rescission to undo the contract from the very
beginning, as if no contract was made
Pag nag rescission yung other party ACCORDING TO
PART 3 of Art. 1191, court shall decree the rescission
claimed unless there should be just cause for granting
the party in default a term for the performance of his
obligation
IMPORTANT: The remedies of the injured or aggrieved
party are alternative and not cumulative, that is, he is
privileged to choose only one of the remedies, and not
both, subject only to the exception in paragraph 2, to wit:
he may also seek rescission even after he has chosen
fulfillment if the latter should become impossible. But
after choosing rescission of the obligation, he cannot
thereafter demand its compliance, nor seek partial
fulfillment under the guise of recovering damages.
Where a contract is subject to a resolutory condition,
the non- compliance with the condition resolves the
contract by force of law without need of a judicial
declaration
Limitations on the right to demand rescission
1. Resort to the courts
a. counter-claim/cross-claim
 b. other partys opportunity to be heard ART. 1193. Obligations for whose fulfillment a day
c. proof of breach of contract certain has been fixed, shall be demandable only
d. legal steps and legal action when that day comes. Eton a yung PERIOD
2. Power of the court to fix period Obligations with a resolutory period take effect at
3. Compliance by aggrieved party to his obligations once, but terminate upon arrival of the day certain.
4. Right of third persons A day certain is understood to be that which must
5. Slight or substantial violation neces- sarily come, although it may not be known
6. Waiver of right when.
7. Contract to sell If the uncertainty consists in whether the day will
8. Sales or real property and personal property in come or not, the obligation is conditional, and it
installments shall be regulated by the rules of the preceding
9. Judicial compromise Section.
10. Arbitration clause in a contract
OBLIGATION WITH A PERIOD - one whose
KELAN DI NEED NG JUDICIAL DECLARATION PAG consequences are subjected in one way or another to
MAY RESCISSION? the expiration of said period or term
1. Automatic rescission is expressly stipulated
2. Contract is still executor PERIOD - future and certain event upon the arrival of
KELAN NACOCONTEST AND EXTRAJUDICIAL which the obligation (or right) subject to it either arises or
REVOCATION is terminated
1. with stipulation of automatic revocation
judicial intervention is necessary para PERIOD vs. CONDITION
malaman kung proper yung recission Fulfillment Certain Uncertain
2. without stipulation of automatic revocation Time Only future Maybe past
even without express stipulation providing for but unkown
automatic rescission, a contracting party has the Influence on Merely fixes the time causes an
power to rescind reciprocal contracts the obligation for effectivity obligation to
extrajudicially but, as already observed, in case a. Suspensive arise or to
of abuse or error by the rescinder, the other cannot prevent cease
party is not barred from questioning in court the birth of
such abuse or error obligation
b. Resolutory
Hindi need ang action for rescission kapag may does not annul
breach ng compromise agreement the fact of its
** compromise agreement between two or more existence
persons who, for preventing or putting an end to a Effect when Empowers the court to Void
lawsuit, adjust their respective positions by mutual based on fix duration conditional
consent in the way they feel they can live with debtors will obligation
Retroactivity No retroactivity unless Yes
ART. 1192. In case both parties have committed a stated retroactivity
breach of the obligation, the liability of the first
infractor shall be equitably tempered by the courts. Kinds of period
If it cannot be determined which of the parties first A. As to effect
violated the contract, the same shall be deemed 1. Suspensive gives rise to obligation when
extinguished, and each shall bear his own damages. period arrives
2. Resolutory extinguishes obligation when
Sinasabi lang dito ang mangyayari kapag parehas na period arrives
party ang guilty ng breach of obligation. B. As to source
2 Scenarios: 1. Legal provided by law
1. Known ang FIRST INFRACTOR: Kapag alam kung 2. Conventional agreed by parties
sino ang una nagbreach, the liability of the first infractor 3. Judicial given by the courts
should be equitably reduced C. Definiteness
2. FIRST INFRACTOR cannot be determined: contract 1. Definite when is known
shall be deemed extinguished and each shall bear his 2. Indefinite when is not known
own damages
ART. 1194. In case of loss, deterioration or
improvement of the thing before the arrival of the
SECTION 2 Obligations with a period day certain, the rules in Article 1189 shall be
observed.
ART. 1195. Anything paid or delivered before the
arrival of the period, the obligor being unaware of
the period or believing that the obligation has
become due and demandable, may be recovered,
with the fruits and interests.
Kahit anong nabayaran or nabigay BAGO dumating
yung period GIVEN na hindi alam nung obligor or ang
pagkakaalam nya ay due at demandable na yung
obligation AY PWEDENG KUHANIN PABALIK, with the
fruits and interests PERO IT ONLY APPLIES TO
OBLIGATION TO GIVE AT NO RECOVERY PAG
PERSONAL OBLIGATIONS
ART. 1196. Whenever in an obligation a period is
designated, it is presumed to have been established
for the benefit of both the creditor and the debtor,
unless from the tenor of the same or other
circumstances it should appear that the period has
been established in favor of one or of the other.
Exceptions:
1. Pag yung term ay for the benefit of the debtor
alone - He cannot be compelled to pay
prematurely, but he can, if he desires, do so.
2. Pag yung term ay for the benefit of the creditor -
He may demand fulfillment even before the
arrival of the term but the debtor cannot require
him to accept payment before the expiration of
the stipulated period.
The acceptance of a partial payment by a creditor
amounts to a waiver of the period agreed upon during
which payment should not be made. If no explanation is
given why the creditor received such partial payment
before the maturity of the obligation, it may be presumed
that his relinquishment was intentional, and his choice to
dispense with the term, voluntary.
COMPUTATION OF A TERM / PERIOD
1. Article 13 of CC
When the law speaks of years, months, days or nights,
it shall be understood that years are of three hundred
sixty-five (365) days each; months of thirty (30) days;
days of twenty-four (24) hours; and nights from sunset to
sunrise.
If months are designated by their name, they shall be
computed by the number of days which they respectively
have.
In computing a period, the first day shall be excluded,
and the last day included.
NOTE THAT: If the last day is a Sunday or a legal
holiday, the time shall not run until the end of the next
day which is neither Sunday nor a holiday.
A year is equivalent to 365 days regardless of whether it
is a year or a leap year.
2. Administrative Code of 1987
Legal Periods Year shall be understood to be he be- comes insolvent, unless he gives a guaranty
twelve calendar months; month of thirty days, unless it
refers to a specific calendar month in which case it shall
be computed according to the number of days the
specific month contains; day, to a day of twenty-four
hours; and night from sunset to sunrise.
3. Calendar Month
a month designated in the calendar without regard to
the number of days it may contain. It is the period of
time running from the beginning of a certain numbered
day up to, but not including, the corresponding
numbered day of the next month, and if there is not a
sufficient number of days in the next month, then up to
and including the last day of that month.
To illustrate: One calendar month from December 31,
2007 will be from January 1, 2008 to January 31, 2008;
one calendar month from January 31, 2008 will be from
February 1, 2008 until February 29, 2008.
ART. 1197. If the obligation does not fix a period, but
from its nature and the circumstances it can be
inferred that a period was intended, the courts may
fix the duration thereof.
The courts shall also fix the duration of the period
when it depends upon the will of the debtor.
In every case, the courts shall determine such
period as may under the circumstances have been
probably contemplated by the parties. Once fixed by
the courts, the period cannot be changed by them.
SA 1197 ang PERIOD na tinutukoy ay judicial period as
distinguished from the period fixed by the parties in their
contract which is known as contractual period.
Sinasabi lang na kapag yung obligation walang naka fix
na period pero base sa nature and circumstances ay
inintend na magka period, ang courts ang pwede mag fix
ng duration ng period. ALSO, pwede din mag fix ng
period ang courts kapag yung period ay depende sa will
ng debtor. Pag nafix ng court ang period, BAWAL NA
BAGUHIN.
Pero tandaan, and courts cannot arbitrarily fix a period
out of thin air for the law expressly prescribes that the
courts shall determine such period as may under the
circumstances have been probably contemplated by the
parties.
Example: Sabi ko kay Miguiel gawin nya yung bahay ko.
Hindi ko nasabi kung anong deadline nya dapat matapos
ang bahay ko. Sa example na to clear na need ng period
kasi di naman forever dapat ginagawa ang bahay. Yung
intent to fix a period ay established.
ART. 1198. The debtor shall lose every right to make
use of the period:
(1) When after the obligation has been contracted,
or security for the debt;
(2) When he does not furnish to the creditor the
guaranties or securities which he has promised;
(3) When by his own acts he has impaired said
guaranties or securities after their establishment,
and when through a for- tuitous event they
disappear, unless he immediately gives new ones
equally satisfactory;
(4) When the debtor violates any undertaking,
inconsideration of which the creditor agreed to the
period;
(5) When the debtor attempts to abscond.
Kelan pwede mademand ang obligation AFTER LAPSE
ng period? The general rule is that the obligation is
not demandable before the lapse of the period. However,
in any of the five (5) cases mentioned in Article 1198, the
debtor shall lose every right to make use of the period,
that is, the period is disregarded and the obligation
becomes pure and, therefore, immediately demandable.
Ano yung 5 CASES nayun?
1. When after the obligation has been
contracted, debtor becomes insolvent,
unless he gives a guaranty or security for the
debt
Example: May utang ako kay Xian Lim ng 10K.
Need ko yun bayaran sa March, pero nung
February, nagging insolvent ako meaning wala
na ako kakayahan magbayad, pwede ng
idemand sakin agad agad ni Xian yung 10k kahit
wala pang March maski walang judicial
declaration.
2. When debtor does not furnish to the creditor
the guaranties or securities which he has
promised
Example: Dun sa unang example, halimbawa
minortgage ko yung sasakyan ko para masecure
si Xian sa utang ko, pag wala akong ginawang
paraan para mafurnish yung promised security
ko, wala na akong right over sa period
3. When by debtors own acts he has impaired
said guaranties or securities after their
establishment, and when through a
fortuitous event they disappear, unless he
immediately gives new ones equally
satisfactory
Example: Dun sa unang example yung security
kong kotse ay nabunggo tapos fault ko, the
obligation is already demandable UNLESS,
magbigay ako ng bagong security na equally
satisfactory dun sa kotse ko. Di naman
kailangan total wreck yung car, basta nadamage
sya. Pero pag fortuitous event, kailangan total
disappearance nung security.
4. When the debtor violates any undertaking,
inconsideration of which the creditor agreed
to the period
Example: Sa unang example, halimbawa di
kotse yung prinomise ko, halimbawa ang
prinomise ko ay lilinisin ko bahay nya, tapos
nag-agree si Xian, in this case, pag di ko
nagawang linisin bahay nya, pwede nya na agad
agad idemand ang payment ng loan
5. When the debtor attempts to abscond (leave
hurriedly or secretly)
Example: Nagpalit ako ng address at lumipat ng
probinsya para di ako matunton ni Xian.
SECTION 3 Alternative Obligations
ART. 1199. A person alternatively bound by different
prestations shall completely perform one of them.
The creditor cannot be compelled to receive part of
one and part of the other undertaking.
Kinds of obligations according to object:
1. Simple one prestation
2. Compound two or more prestations
a. Conjunctive several prestations and all of
them are due
b. Distributive one of the several prestations
is due
ALTERNATIVE OBLIGATION - one wherein various
prestations are due but the performance of one of them
is sufficiently determined by the choice which, as a
general rule, belongs to the debtor.
Example: May utang akong 10K kay Eliza, sabi ni Eliza,
maeextinguish yung obligation ko if ibabalik ko yung
10K, bibigyan ko syang working cellphone, or
pipinturahan ko bahay nila. Either isa sa mga
napagusapan ang magfufulfill ng obligation ko, HINDI
PWEDENG 5K, tapos pintura half ng bahay, or sirang
cellphone tapos 5K.
ART. 1200. The right of choice belongs to the debtor,
unless it has been expressly granted to the creditor.
The debtor shall have no right to choose those
prestations which are impossible, unlawful or which
could not have been the object of the obligation.
RULE: As a general rule, the right to choose the
prestation belongs to the debtor.
By way of exception, it may be exercised by the creditor
but only when expressly granted to him (Art. 1205.), or
by a third person when the right is given to him by
common agreement.
Example: Insured yung bahay ko, tapos nasunog, yung
insurance company yung debtor. Nakalagay sa contract
na pwede nyang bayadan yung damage or ipagawa
yung bahay ko. Since di nakalagay kung sinong
mamimili dun sa dalawa, ako or yung debtor, according
to Art 1200, yung debtor ang may right of choice.
Exceptions:
1. The debtor cannot choose those prestations
which are: (a) impossible, (b) unlawful, or (c)
which could not have been the object of the
obligation.
2. The debtor has no more right of choice, when
among the pres- tations whereby he is
alternatively bound, only one is practicable.
3. The debtor cannot choose part of one prestation
and part of another prestation.
ART. 1201. The choice shall produce no effect except
from the time it has been communicated.
Para magkaeffect yung choice kailangan to
macommunicate:
1. Effect of notice. Until the choice is made and
communicated, the obligation remains
alternative.
2. Proof and form of notice. The burden of
proving that such communication has been
made is upon him who made the choice.
ART. 1202. The debtor shall lose the right of choice
when among the prestations whereby he is
alternatively bound, only one is practicable.
If more than one is practicable, it is Article 1200 that
will apply. The obligation is still alternative because the
debtor still retains the right of choice. Under Article 1202,
if only one is practicable (e.g., the others have become
impossible), the obligation is converted into a simple
one.
** pag isa lang na prestation ang posibleng mafulfill, ART
1200 ang magaapply. Yung obligation ay ALTERNATIVE
padin kasi yung debtor padin ang may right of choice
SABI lang sa 1202, pag sa prestations ISA LANG ANG
posibleng mafulfill, MACOCONVERT ang obligation into
SIMPLE one.
ART. 1203. If through the creditors acts the debtor
cannot make a choice according to the terms of the
obligation, the latter may rescind the contract with
damages.
Pag dahil sa creditor hindi makapili yung debtor ng
choice ng pagfulfill nya ng obligation, pwede ni debtor I
rescind yung contract WITH damages
Example: May utang akong 100k kay Oliver, sabi ni
Oliver mababayadan ko yun pag either binigay ko
sakanya yung bahay ko, binigay ko yung sasakyan ko or
paaralin ko for 5 years yung anak nya. Pagka si Oliver
ay sinira yung sasakyan ko, PWEDE koi rescind yung
contract with damages against Oliver. Pero pwede din
naman akong mamili nalang dun pa sa dalawang
natitirang pwedeng gawin with a right to recover what
has been lost sakin, kapag pinili ko yung sasakyan
padin, extinguished yung obligation.
ART. 1204. The creditor shall have a right to
indemnity for damages when, through the fault of
the debtor, all the things which are alternatively the
object of the obligation have been lost, or the
compliance of the obligation has become impos-
sible.
The indemnity shall be fixed taking as a basis the
value of the last thing which disappeared, or that of
the service which last became impossible.
Damages other than the value of the last thing or
service may also be awarded.
Anong mangyayari kapag may na-LOST dun sa mga
objects through DEBTORS FAULT?
1. SOME OBJECTS debtor is not liable since he
has the right of choice and the obligation can still
be performed
2. ALL OBJECTS - the creditor shall have a right to
indemnity for damages since the obligation can
no longer be complied with.
ART. 1205. When the choice has been expressly
given to the creditor, the obligation shall cease to be
alternative from the day when the selection has been
communicated to the debtor.
Until then the responsibility of the debtor shall be
governed by the following rules:
(1) If one of the things is lost through a fortuitous
event, he shall perform the obligation by delivering
that which the creditor should choose from among
the remainder, or that which re- mains if only one
subsists;
(2) If the loss of one of the things occurs through the
fault of the debtor, the creditor may claim any of
those subsisting, or the price of that which, through
the fault of the former, has disappeared, with a right
to damages;
(3) If all the things are lost through the fault of the
debtor, the choice by the creditor shall fall upon the
price of any one of them, also with indemnity for
damages.
The same rules shall be applied to obligations to do
or not to do in case one, some or all of the
prestations should become impossible.
Pag expressly stated na yung choice ay nasa creditor,
magiging alternative obligation lang sya once na
communicate sa debtor yung choice. Bago mangyari yun
may rules regarding sa responsibility ng debtor:
1. Thing is lost through a fortuitous event ang
idedeliver nya ay yung natira dun sa mga iba
pang pagpipilian na napili nung creditor
2. Thing is lost through debtors fault pwede
iclaim ng creditor yung isa sa mga natira,
3. All things are lost through debtors fault
pwede mag demand ng price yung creditor sa
kahit alin na nawala
4. All things are lost through a fortuitous event
debtors obligation is extinguished, 1174 shall
apply
** rules are applicable to personal obligations
ART. 1206. When only one prestation has been
agreed upon, but the obligor may render another in
substitution, the obligation is called facultative.
The loss or deterioration of the thing intended as a
substitute, through the negligence of the obligor,
does not render him liable. But once the substitution
has been made, the obligor is liable for the loss of
the substitute on account of his delay, negligence or
fraud.
FACULTATIVE OBLIGATION - one where only one
prestation has been agreed upon but the obligor may
render another in substitution
Example: Ibibigay ko sayo tong Iphone 6, pero pwede
din yung Iphone 5 as substitute. Sa example na to, yung
obligation lang ay pagbigay ng Iphone 6, so pag di ko
nadeliver yun, liable ako.
PAANO PAG NAWALA YUNG BAGAY NA IBIBIGAY?
1. Before substitution - if the principal thing is lost
through a fortuitous event, the obligation is
extinguished; otherwise, the debtor is liable for
damages The loss of the thing intended as a
substitute with or without the fault of the debtor
does not render him liable.
Example: I will give Jacob a truck or a train
(1) If the truck is lost through fortuitous even,
my liability is extinguished
(2) If the truck is lost through my fault, I am
liable for damages
(3) If the train is lost through my fault, I am
obliged to deliver the train
2. After Substitution - If the principal thing is lost,
the debtor is not liable whatever may be the
cause of the loss, because it is no longer due. If
the substitute is lost, the liability of the debtor
depends upon whether or not the loss is due
through his fault
Example: I will give Jacob a truck or a train
(4) If the truck is lost through any reason , I
have no liability
(5) If the train is lost through my fault, I am
liable for damages
(6) If the train is lost through my fortuitous
event, my liability is extinguished