Art. 1183.
Impossible conditions, those If the impossible condition were resolutory,
contrary to good customs or public policy,
and those prohibited by law shall annul 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.
Two types of impossible conditions. (Phy-Jud)
Example of Physical Impossibility.
1. Conditions that is contrary to law of
nature.
(e.g condition to make the sun rise in the
west.)
2. Those that are physically impossible
to comply with.
(e.g. condition to make a dead man live
again.
Example of Judically impossibility.
1. Vague and cannot be clarified.
2. Contrary to laws, good customs,
public policy and absurd.
(e.g engaged in prostitution.)
Notes:
Stipulation of a positive, suspensive, and
impossible condition is indicative of the lack of
interest on part of the parties to be bound
thereby.
If the impossible condition were negative and
suspensive is irrelevant because it cannot
suspend the efficacy of the obligation.
Example:
there would be no occasion to extinguish the
obligation.
Not determined by the nature of the acts or
forbearance but rather the effect of the act or
forbearance.
e.g., 100 year prohibition constitute virtual
curtailment of the right to property.
In order that an impossible condition would
annul an obligation, must be both suspensive
and positive.
Suspensive - the effect of the impossibility
would be to frustrate the efficacy of the
obligation.
Positive – the fulfilment of the impossible
condition will trigger the effectivity of the
obligation.
Time of Impossibility
Must exist at the time of the constitution of
the obligation.
Example: An investor will invest in our
company on the condition that we will provide
him a prostitute.
General Rule: Void obligation cannot be
validated or ratified.
Divisible Obligation – which may be performed
in parts or in instalments.
Note: the part which is not affected by the
impossible or unlawful condition remains valid.
Loan paid in instalment basis for 6 months,
first 3 months will be paid with inclusion of a 2
grams of cocoaine. And the last five will be
paid with interest.
Art. 1184. The condition that some even
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 / SUSPENSIVE CONDITION
Fulfillment of an event or performance of an
act at a determinate time
Obligation will lie only on condition that a
future determinate event happens
EVENTS THAT MAY CAUSE EXTINCTION of
OBLIGATION:
When the expressed determinate time has
expired without the event taking place
When there is NO doubt that the determinate
condition will NOT happen although the time
has not expired.
Example:
Maria obliges himself to give Bob an amount
of 1M. If Bob will marry Juana before she gets
23.
Suspensive condition is a future or
uncertain event, the happening of
which give birth to the obligation.
Resolutory Condition – is an event
the happening of which extinguish
the 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 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.
Obligations dependent on NEGATIVE
CONDITION
 NON-occurrence of a future event
 NON-performance of an act
INSTANCES OF NEGATIVE CONDITION
 Time has elapsed and the event
indicated NOT to happen did NOT
happen
 It is evident that the event that
should NOT happen CANNOT really
happen
condition, there is NO Constructive
Fulfillment.
If in preventing the fulfillment of the
EXAMPLE
condition, the obligor acts in the exercise of a
Erap obliges himself to deliver a parcel of land right, the condition will NOT be deemed
to Moreno. fulfilled.
Condition: Moreno shall NOT run for Mayor in Example:
Manila w/in 6 yrs.
DA- AMAD paid Sprout lab to develop a
Art.1186. the condition shall be deemed system for their office. With the condition
fulfilled when the obligor voluntarily prevent that It must be finished within 3 mos for an
amount of 50k
is fulfilment.
Art. 1186 refers to an obligation with a If not finish with the specified period DA has
positive suspensive condition. the right to terminate the contract pay the
contractor based on the modules made.
The CONSTRUCTIVE FULFILLMENT OF A
CONDITION REQUISITES The division head After learning that the son
of the RD is a software developer and offer
 Intent of the obligor to prevent the the same services. A month after the
fulfillment of the condition commencement of the project. DH offer the
 Actually preventing the fulfilment same services to the Son of the RD.
Thereafter an employee of the DH wilfully
 Prevention of compliance must be destroy the codebased of the system in order
consummated to delay the completion of the project.
 The act of obligor had in fact
prevented compliance with the
condition
HOWEVER, there is NO Constructive
Fulfillment:
If not malicious
The mere intention to prevent the happening
of the condition or mere placing of ineffective
obstacles is NOT enough.
When obligor committed an act voluntarily
BUT NOT to prevent the fulfillment of the
 registration NOR delivery of
Between the creation of possession to either De Guzman or
conditional obligation and Pulumbarit.
ARTICLE 1187. THE EFFECTS OF A fulfillment of positive/suspensive
CONDITIONAL OBLIGATION TO condition, the creditor/obligee NOTE: It is delivery that actually
GIVE, ONCE THE CONDITION HAS CANNOT enforce the obligation; transfers ownership.
BEEN FULFILLED, SHALL his right is a mere expectancy.
RETROACT TO THE DAY OF THE Upon happening of condition, the sale
CONSTITUTION OF THE Example: to De Guzman will retroact to the
OBLIGATION. NEVERTHELESS, date when it was made, and he will
WHEN THE OBLIGATION Carla executed a contract of sale to have a better right than Pulumbarit.
IMPOSES RECIPROCAL Jigo if Jigo will passed the bar.
PRESTATIONS UPON THE Thereafter Carla sold the subject land Art. Irrelevant if condition is
PARTIES, THE FRUITS AND to Mheng. resolutory
INTERESTS DURING THE
PENDENCY OF THE CONDITION The moment POSITIVE/SUSPENSIVE
SHALL BE DEEMED TO HAVE BEEN CONDITION happens:
MUTUALLY COMPENSATED. IF
THE OBLIGATION IS Obligation becomes effective and
UNILATERAL, THE DEBTOR SHALL enforceable
APPROPRIATE THE FRUITS AND Debtor/obligor may be legally
INTERESTS RECEIVED, UNLESS compelled to perform from that
FROM THE NATURE AND moment
CIRCUMSTANCES OF THE Obligation retroacts to the date of the
OBLIGATION IT SHOULD BE constitution of the obligation (NOT
INFERRED THAT THE INTENTION when condition was fulfilled)
OF THE PERSON CONSTITUTING BECAUSE the condition is only
THE SAME WAS DIFFERENT. accidental, NOT an essential element
IN OBLIGATIONS TO DO AND NOT of the obligation ( juridical tie, active
TO DO, THE COURTS SHALL subject, passive subject, and
DETERMINE, IN EACH CASE, THE prestation ).
RETROACTIVE EFFECT OF THE
CONDITION THAT HAS BEEN Example:
COMPLIED WITH.
Chua sells a piece of land, subject to
EFFECTS OF THE HAPPENING of suspensive condition, to De Guzman.
the POSITIVE/ SUSPENSIVE Before happening of the condition,
CONDITION Chua sells it to Pulumbarit. NO