Kinds of obligations

Bakit kailangang malaman ang mga obligations and contracts?

Because magkakaiba kasi yung manner, time and constitutions, or kung kalian mag start ang
oligations, or kalian kailangang mag comply or mag perform ni debtor ng kanyang obligations at
kung kalian pwedeng mag demand si creditor kay debtor para e comply nya yung obligations.
Magkaiba rin yung liabilities na pwedeng e impose depende kung anong obligations sya.

Pure obligation, concept

– A pure obligation is one without a term or condition and is demandable at once. Example: I
promise to give you P5,000.00. This is immediately demandable since there is no term that
must expire or a condition that must happen for the obligation to be dependable.
What is pure conditional?
Unqualified. Walang kasamang conditions, period and therefore demandable at once. Ibig
sabihin once na nag enter kayo into contract at yung obligations ay fewer or simple one
pwedeng magdemand automatically at instant pwede nang mag demend si creditor kay debtor
na gawin nya yung obligations nya. It because it’s fewer hindi sya dedepende sa period and
conditions.

Conditional obligation, concept

- A conditional obligation is one whose demandability or extinguishment depends upon
happening of a conditon. Expamples: (1) “ I will give you my car if you pass the bar
examination.” The condition here is suspensive. You may not demand the delivery of my car
until you pass the bar examination. (2) “I will let you use my car until you pass the bar
examination.” The condition here is resolutory. You may demand the delivery of my car now but
you must return it to me when you pass the bar examination.
Hindi nag aarise or hindi automatically nagdedemand si creditor na gawin ni debtor ang
kanyang obligations. So dedepende yun sa mga conditions like may binigay silang pareho na
conditions at kapag nagyari lang yung condition nay un saka lang pwedeng e demand ni
creditor kay debtor na pwedeng gawin yung obligations nya.
What is Condition?
Is an uncertain events which in wields an influence on a legal relationship. Means
uncertain events sya, hindi mo alam kung kalian sya mangyayari at kung mangyayari ba sya.
Obligation with period – mangyayari talaga sya hindi mo lang alam kung kalian.
Conditions – sa condition na binigay mo hindi mo sure kung kalian sya mangyayari at the same
time hindi mo sure at wala kang kasiguraduhan na mangyayari yung condition na yun.
1. Concept – It is an uncertain event which, wields an influence on a legal relationship.
(Manresa)
2. Classification
a. Suspensive and resolutory

 Suspensive – This is a condition the happening of which gives rise to the

obligation. This is also called condition antecedent or condition precedent. The
demandability of the obligation is suspended until the happening of the condition.
Kumbaga hindi mo pwedeng e demand agad like ngayon lang kayo nag
usap tapos magdedemand ka agad, no. kailangan mo munang hintayin base sa
pinagusapan nyo. At sa results nun. Nangyari yung suspensive obligations demanded
upon happening of the events. An obligation with suspensive condition means
suspended na yung obligation ni debtor. Kailangan munang mangyari or mag take place
yung event bago maging obligated to perform obligations kay creditor. Whereas,
mandatory condition, this is a condition which the happening distinguishes the
obligations. Also called as conditions subsequent.
Suspended muna yung conditions. Wala pang fulfillment on part of debtor. He
has to wait until the conditions is fulfilled. Sya yung mag bibigay buhay dun sa
obligations.

 Resolutory – This is a condition the happening of which extinguishes the

obligation. This is also call condition subsequent. The obligation is demandable at once
but it shall be extinguished upon the happening of the condition.
Demandable at once. Automatic, at instance yung obligations nya nagset na
already. “to lend the car to debtor” is demandable at once. Kapat nakapapass na sa
exam si debtor is mag e extinguish or mawawala na yung obligation nya. Once na
napag usapan nyo na kailangan gawin nayun ni debtor. At kapag nangyari yung
resolutory conditions, fullfilled na yung obligations.
b. Potestative, casual and mixed

 Potestative – A condition that depends upon the will of one of the contracting
parties. - Potestative on the part of the debtor  If suspensive – The obligation is void.
(Art. 1182) Even if the obligation is not demandale. (Example: D is to give C P50,000.00
if D goes to Baguio.)  If resolutory – The obligation is valid. (Example: D is to allow the
use of his car by C until D returns from Baguio.) - Protestative on the part of the creditor
– The obligation is valid whether the condition is suspensive or resolutory. (Examples:
(1) D is to give C P50,000.00 if C goes to Baguio (Hindi determinate, so hindi nila
malalaman kung kalian mag aarise yung obligations ni debtor kasi sya lang nakakalam
kung kilan sya pupunta sa baguio). (2) D is to allow the use of his car by C until C
returns from Baguio.)
Ibigsabihin yung happening ng condition dedepende ba sya kung gusto ba syang
gawin ng isa sa mga party sa obligations. Ex. Protestative on the part of the debtor (the
one who is bound to fulfill the obligations) which is constituted in favor of the creditor.
Kung suspensive ang potestative obligation on the part of the debtor, kumbaga
sakanya nakadepende yung conditions, the obligation is void. Because hindi magiging
determinate yung time kung kalian e peperform ni debtor yung oblig. The creditor is now
left in the shadows.
Kung resolutory ang potestative it is valid. Because demandable at once. May
performance in the beginning. Sa part ni creditor na fulfill na yung conditions.

 Casual – A condition that depends upon a chance or upon the will of a third
person. (Examples: (1) D is to give C P50,000.00 if D wins first prize in the lotto on the
bet he placed this morning. (2) D is to give C P50,000.00 if X goes to Baguio.)
Yung conditions dedepende sya, yung, obligations dedepende sya sa happening
ng isang bagay upon the will of 3rd person or the chance. Hindi sya nakadepende sa will
ni creditor and debtor. Nakadepende lang sya by chance or in a will of a 3rd person
(Isang tao na hindi involve sa usapan).

 Mixed – A condition that depends partly upon the will of one of the parties and
partly upon chance or upon the will of a third person. (Example: D is to give C
P50,000.00 if C will marry X.)
Depend kay C and X. X is the 3rd person.
c. Possible and impossible

 Possible – One that is capable of fulfillment in its nature and by law.

Possible by its nature.

 Impossible – One that is not capable of fulfillment in its nature or due to

operation of law, such as “if you can swim across the Pacific Ocean” or “if you kill X”. In
the case, the obligation and the condition are void. (Art. 1183) Note: If the condition is
not to do an impossible thing, it shall be deemed as not having been agreed upon. (Art.
1183) Thus, the obligation is immediately demandable. (Example: D is to give C
P50,000.00 if C does not swim across the Pacific Ocean.)
Highly improbable if not possible. Unlawful.
Kapag ang condition daw ay “its not to do” hence the obligation will be converted
into a simple one. Means a pure obligations.
d. Possitive and negative

 Positive – This is a condition that some event happen at a determinate time.

Here, the obligation is extinguished as soon as the time expires or it has become
indubitable that the event will not take place. (Art. 1184) (Example: D is to give C
P50,000.00 if C will mary X on or before June 30, 2010. The obligation will be
extinguished on July 1, 2010 if C has not yet married X as of June 30, 2010. If X dies on
June 1, 2010 before C has married her, then the obligation is extinguished on such date
because there is no more doubt that the marriage will not take place.)
Positive kapag obligation to give or to do. Negative kapag obligation is not to do,
which necessarily includes an obligation not to give.
Extinguished means mawawala na, matatapos na.
  Negative – This is a condition that some event will not happen at determinate
time. Here, the obligation becomes effective as soon as the time indicated has pleased
or it has become evident that the event will not occur. (Art. 1185)
Obligation not to do. Inevitable. The fact na kahit hindi pa dumarating yung
period nay un you are sure na hindi talaga yun mangyayari, so ma e extinguished na
yung obligation mo. (kabaliktaran ng example sa positive.)
e. Divisible and indivisible

 Divisible – One that is capable of partial performance. Under Art. 1183, if the
obligation is divisible, that part thereof which is not affected by the impossible or unlawful
condition shall be valid. (Examples: (A) D is to give C a car if C finishes his law course,
and P1, 000,000.00 if C tops the Bar Examination. If D finishes his law course, he may
demand the delivery of the car. However, he may not demand the payment of P1,
000,000.00 if he does not top the Bar. (B) D is to give C a car if he finishes his law
course and P1, 000,000.00 if C can get a copy of the test questions in the Bar
Examination in advance. (the second is valid but unlawful). Even if both conditions are
fulfilled, C can only ask for the delivery of a car from D because the second condition is
unlawful.
Pwedeng e comply by installment. Kumbaga walang napag usapan na dapat
gawin kasi nga void. Yung mga portion na valid, it will remain as valid.

 Indivisible – One that is not capable of partial performance by its nature or by

law or agreement of the parties. (Example: D is to give C a car if C finishes his law
course and top the Bar. C must comply with both conditions before he can ask for the
delivery of a car from D.) (kailangan ma comply yung dalawang obligations).
Ibigsabihin u have to comply your obli as a whole. Hindi pwedeng hati hatiin.

Effect of fulfillment of suspensive condition (Art. 1187)

General rule: The effect of the fulfillment of the suspensive condition retroacts to the day of the
constitution of the obligation. Exceptions: There shall be no retroactive effect with respect to the
fruits and interests as follows: (ibigsabihin each of them constructively has received the fruits
common to another).
Ibig sabihin, there is an interim period between the creation of the obligation and the happening
of the condition which will give rise to the obligations on the part of the debtor to make good of
his obligations in favor of C. kapag nangyari daw yung suspensive condition, magreretro act sya
doon sa araw na napag usapan nyo yung obligations. As if nangyari yung condition during the
time na naestablished yung obligations.
- In reciprocal obligations, the fruits and interests shall be deemed to have been mutually
compensated, i.e., each party shall keep the fruits and interest received by him prior to the
fulfillment of the condition.
(Example : On may 1, 2020, S agreed to sell his land to B and B agreed to pay the price
of P50,000.00. if X finishes his law degree on March 15, 2024 (contract of sale). X finished his
law degree as stipulated. It was as if S was entitled the price and B to the land beginning on
May 1, 2020. However, S shall keep the fruits on the land and B the interest on the price during
the dependency of the condition.)

- In unilateral obligations, the debtor keeps the fruits and interests received the
dependency of the condition (Example: On May 1, 2020, S promised to give B his land if B
passed the Bar Examination in February 2021. B passed the Bar Examination as stipulated. It
was as if B was entitled to the land beginning on May 1, 2020. However, S will keep the fruits on
the land during the dependency of the condition.)

Rights of the parties before the fulfillment of the condition (Art. 1188)
1. Creditor – He may bring the appropriate actions for the preservation of his right, such as
registering his claim with the Register of Deeds, if appropriate, to notify all third persons, or
asking the debtor to provide a security if the debtor is about to become insolvent.
2. Debtor – He may recover what he has paid by mistake.