SECTION 1 – Pure and Conditional Art. 1180.

When the debtor binds himself to

Obligations pay when his means permit him to
do so,
• the obligation shall be deemed to be one with
Art. 1179. Every obligation whose performance a period,
does not depend o subject to the provisions of Article
• upon a future or uncertain event, or 1197.
• upon a past event unknown to the parties,
o is demandable at once. Period – is a future and certain event upon the
arrival of which the obligation subject to it
Every obligation which contains a resolutory either arises or is extinguished.
condition
• shall also be demandable, If the debtor promises to pay when his means
o without prejudice to the effects of the permit him to do so, the obligation shall be
happening of the event deemed to be one with a period.
Pure obligation – not subject to any condition Art. 1181. In conditional obligations,
and no specific date is mentioned for its • the acquisition of rights,
fulfillment, and is, therefore, immediately • as well as the extinguishment or loss of those
demandable. already acquired,
o shall depend upon the happening of
Conditional obligation – subject to the the event which constitutes the
fulfillment of a condition. condition.
Characteristics of a condition. Effect of happening of condition.
Future and uncertain – not enough that it is in 1. Acquisition of rights. – In obligations
the future, it must also be uncertain. (Codal subject to a suspensive condition, the
says “or”, but according to the book, it should acquisition of rights by the creditor
be “and”) depends upon the happening of the
event which constitutes the condition.
Past but unknown – A condition may refer to a 2. Loss of rights already acquired – In
past event unknown to the parties. What is obligations subject to a resolutory
contemplated by the law is the knowledge to be conditions, the happening of the event
acquired in the future of a past event which at which constitutes the condition
the moment is unknown to the parties produces the extinguishment or loss of
interested. rights already acquired.
An obligation is demandable at once Art. 1182. When the fulfillment of the condition
1. When it is pure. depends upon the sole will of the debtor,
2. When it is subject to a resolutory • the conditional obligation shall be void.
condition.
3. When it is subject to a resolutory If it depends
period. • upon chance or
• upon the will of a third person,
o the obligation shall take effect in
conformity with the provisions of
this Code.
 not depend for its existence the
Classification of Condition fulfillment of the debtor of the
protestative condition, only the
EFFECT condition is void.
Suspensive Resolutory
gives rise to the extinguishes the Art. 1183.
obligation obligation • Impossible conditions,
FORM • those contrary to good customs or public
Express Implied policy and
clearly stated merely inferred • those prohibited by law
POSSIBILITY o shall annul the obligation which
Possible Impossible depends upon them. If the obligation is
capable of not capable of divisible,
fulfillment, legally fulfillment, legally or • that part thereof which is not affected by the
and physically physically impossible or unlawful condition shall be valid.
ORIGIN
Potestative Casual Mixed The condition not to do an impossible thing
depends upon depends depends • shall be considered as not having been agreed
the will of one upon chance partly upon upon.
of the or upon will chance and
contracting of a third partly upon Two kinds of impossible conditions.
parties person will of a 1. Physically impossible condition – in the
third person nature of things, cannot exist or cannot
MODE be done.
Positive Negative 2. Legally impossible conditions –
performance of an omission of an act contrary to law, morals, good customs,
act public order, or public policy.
NUMBER
Art. 1184. The condition that some event
Conjunctive Disjunctive
happen at a determinate time
all conditions must only one or some of
• shall extinguish the obligation
be fulfilled the conditions must
o as soon as the time expires or
be fulfilled
o if it has become indubitable that the
DIVISIBILITY
event will not take place.
Divisible Indivisible
susceptible of partial not susceptible of
Positive Condition
performance partial performance
The article refers to a positive (suspensive)
condition -
Where suspensive condition depends upon the
will of the debtor.

1. Conditional obligations void. - Where

the potestative condition depends
solely upon the will of the debtor, the
conditional obligation shall be void.

2. Only the condition is void – If the

obligation is a pre-existing one and does
Art. 1185. The condition that some event will Nevertheless, when the obligation imposes
not happen at a determinate time reciprocal prestations upon the parties,
• shall render the obligation effective • the fruits and interests during the pendency of
o from the moment the time indicated the condition shall be deemed to have been
has elapsed, or mutually compensated.
o if it has become evident that the
event cannot occur. If the obligation is unilateral,
• the debtor shall appropriate the fruits and
If no time has been fixed, the condition shall be interests received, unless
deemed fulfilled • from the nature and circumstances of the
• at such time as may have probably been obligation
contemplated, o it should be inferred that the intention
o bearing in mind the nature of the of the person constituting
obligation. the same was different.

Negative Condition In obligations

The provision speaks of a negative condition • to do and
that an event will not happen at a determinate • not to do,
time. o the courts shall determine, in each
case, the retroactive effect of the
Art. 1186. The condition shall be deemed condition that has been complied with.
fulfilled
• when the obligor voluntarily prevents its Art. 1188. The creditor may,
fulfillment. • before the fulfillment of the condition,
o bring the appropriate actions for the
Requisites for the application of Art. 1186: preservation of his right.

1. The condition is suspensive The debtor may recover

2. The obligor actually prevents the • what during the same time he has paid
fulfillment of the condition o by mistake
3. Obligor acts voluntarily or intentionally o in case of a suspensive condition.

Note: Rights pending fulfillment of suspensive

Law does not require that the obligor acts with condition.
malice or fraud as long as his purpose is to
prevent fulfillment of the obligation. 1. Rights of creditor – he may take
appropriate actions for the preservation
Article 1886 also applies to an obligation subject of his right. He may go to court to
to a resolutory condition with respect to the prevent the alienation of a property the
debtor who is bound to return what he received debtor bound himself to deliver.
upon fulfillment of the condition.
2. Rights of a debtor – he is entitles to
Art. 1187. The effects of a conditional obligation recover what he has paid by mistake
to give, once the condition has been fulfilled, prior to the happening of a suspensive
• shall retroact to the day of the constitution of condition. This is a case of solutio
the obligation. indebiti.
Art. 1189. When the conditions have been Kinds of Loss
imposed with the intention of suspending the 1. Physical loss – thing perishes
efficacy of an obligation to give, 2. Legal loss – thing goes out of
• the following rules shall be observed in case commerce or when a thing which is
of the legal before becomes illegal.
o improvement, 3. Civil loss – thing disappears in such a
o loss or way what its existence is unknown or if
o deterioration of the thing known, it cannot be recovered.
during the pendency of the condition:
Requisites of Article 1189
(1) If the thing is lost without the fault of the 1. Obligation is a real obligation
debtor, 2. Object is specific or determinate
• the obligation shall be extinguished; 3. Obligation is subject to a suspensive
condition
(2) If the thing is lost through the fault of the 4. Condition is fulfilled
debtor, 5. There is loss, deterioration, or
• he shall be obliged to pay damages; improvement during the pendency of
it is understood that the thing is lost when it the fulfilment of the condition.
• perishes, or
• goes out of commerce, or
• disappears in such a way that
o its existence is unknown or
o 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
o the rescission of the obligation and
o its fulfillment,
 with indemnity for damages in
either case;

(5) If the thing is improved

• by its nature, or
• by time,
o 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.