Pecuniary Interest need NOT be of an Economic

Character

It is a generally established principle that the

prestation should be susceptible of pecuniary

appreciation. However, it need not be of an

economic character to have pecuniary value,

because all interests, even moral ones in view of the

protection given to them by law, have some

pecuniary value (4 TOLENTINO, supra at 58).

Note: Form is sometimes added as a sixth requisite

of prestation but as a general rule however, it cannot

be considered as essential. An obligation arising

from law can be said to have no form at all (4

TOLENTINO, supra at 56-57).

Primary Classifications Under the New Civil

Code:

1. Pure and Conditional

a. Pure – demandable at once.

b. Conditional – fulfillment or extinguishment

depends upon a future and uncertain event

(CIVIL CODE, Arts. 1179-1192).

2. With a Period or Term

Its fulfillment or extinguishment depends upon a

future and certain event (CIVIL CODE, Arts.

1193-1198).

3. Alternative and Facultative

a. Alternative – involves multiple prestations

but debtor will only perform one or some but

not all, depending whose choice it is (CIVIL

CODE, Art. 1199).

b. Facultative – multiple prestations with a

principal obligation and substitute

prestations, choice is generally given to the

obligor (CIVIL CODE, Art. 1206).

4. Joint and Solidary

a. Joint – each can be made to pay only his

share in the obligation.

b. Solidary – one can be made to pay for the

whole obligation subject to reimbursement

(CIVIL CODE, Arts. 1207-1222).

5. Divisible and Indivisible

Performance of the prestation, not to thing,

whether it can be fulfilled in parts or not (CIVIL

CODE, Arts. 1223-1225).

6. With a Penal Clause

Accessory undertaking to assume greater

liability in case of a breach (CIVIL CODE, Arts.

1226-1230).

7. Individual & collective

a. Individual – involves only one subject; and

b. Collective – involves several subjects (CIVIL

CODE, Art. 1207, 1223).

8. Accessory & principal

a. Accessory – existence depends upon a

principal obligation (e.g., pledge, mortgage).

b. Principal – exists without depending upon

another obligation (CIVIL CODE, Arts. 1166,

1226).
Secondary Classifications Under the New Civil

Code:

1. Legal – arises from law (CIVIL CODE, Art.

1158);

2. Conventional – arises from contracts (CIVIL

CODE, Art. 1159);

3. Penal – arises from commission of crime (CIVIL

CODE, Art. 1161);

4. Real and personal (CIVIL CODE, Arts. 1163-

1168);

5. Determinate and generic (CIVIL CODE,

Arts.1163-1166);

6. Positive and negative (CIVIL CODE, Arts. 1167-

1168); and

7. Unilateral and bilateral (CIVIL CODE, Arts.

1169-1191).

a. Unilateral – only one party is bound to

perform an obligation (e.g., simple donation,

to give support).

b. Bilateral – also known as synallagmatic

contracts where two parties are reciprocally

bound (e.g., purchase and sale)