131. An obligation whose performance of the prestation cannot be fulfilled in parts.

A. Divisible obligation

B. Obligation with a penal clause

C. Alternative obligation

D. Indivisible obligation

D. (Art. 1233, NCC)

132. An obligation which contains an undertaking to assume greater liability in case of breach of said
obligation.

A. Divisible obligation

B. Obligation with a penal clause

C. Alternative obligation

D. Indivisible obligation

B. (Art. 1226, NCC)

133. Every future event and uncertain event upon which an obligation is made to depend.

A. Penalty

B. Period

C. Condition
D. Force majeure

C. Condition has been defined as “every future event and uncertain event upon which an obligation is
made to depend. It is a future and uncertain event upon which the acquisition or resolution of rights is
made to depend by those who execute the juridical act.”

The Supreme Court has held that “when the obligation assumed by a party to a contract is expressly
subjected to a condition, the obligation cannot be enforced against him unless the condition is complied
with. “Furthermore, “the obligatory force of a conditional obligation is subordinated to the happening of
a future and uncertain event, so that if that event does not take place, the parties would stand as if the
conditional obligation had never existed (Felix I. Gonzales vs. The Heirs of Thomas and Paula Cruz, G.R.
No. 131784, September 16, 1999).”

134. I. When the obligation assumed by a party to a contract is expressly subjected to a condition, the
obligation cannot be enforced against him unless the condition is complied with.

II. The obligatory force of a conditional obligation is subordinated to the happening of a future and
uncertain event, so that if that event does not take place, the parties would stand as if the conditional
obligation had never existed.

A. Only I is true

B. Only II is true

C. Both are true

D. Both are false

135. I. If the suspensive condition is fulfilled, the obligation arises or becomes effective.

II. If the resolutory condition is fulfilled, the obligation is extinguished.

A. Only I is true

B. Only II is true

C. Both are true

D. Both are false

C. Example of suspensive condition: X bound himself to deliver his only car to his son Y if the latter will
pass all his enrolled subjects this semester. Thus, if the latter will pass all his subjects, X is obligated to
deliver his only car to him.

Example of resolutory condition: X gave his only car to his son Y with the agreement that the latter will
return said car if he will fail the Certified Public Accountant board examinations. Thus, the obligation is
immediately demandable. However, if Y fails said examination, he must return the car because the
happening of the condition will extinguish the obligation of X.

Suspensive vs. Resolutory obligation

Suspensive condition Resolutory condition

If the suspensive condition is fulfilled, the obligation arises or becomes effective. If the resolutory
condition is fulfilled, the obligation is extinguished.

If the suspensive condition is not fulfilled, no juridical relation is created.If the resolutory condition is not
fulfilled, the juridical relation is consolidated.

In suspensive condition, rights are not yet acquired, but there is a hope or expectancy that they will
soon be acquired. In resolutory condition, rights are already acquired, but subject to the threat of
extinction (8 Manresa, 5th Ed., Bk. 1, p.311).

136. I. If the resolutory condition is not fulfilled, no juridical relation is created.

II. If the suspensive condition is not fulfilled, the juridical relation is consolidated.

A. Only I is true

B. Only II is true

C. Both are true

D. Both are false

137. A, B, and C (co-owners for brevity) executed a document in favor of F where the latter paid a down
payment of P50,000 and the balance will be P1,240,000. It was stipulated that the co-owners bind
themselves to effect the transfer in their names from their deceased father, X, the Transfer Certificate of
Title (TCT) immediately upon receipt of the down payment. Moreover, they agreed that if the titles were
already in the names of the co-owners they will execute the deed of absolute sale of said property and F
shall immediately pay the balance. On the same date, F, paid the down payment of P50,000.

On February 6, 2018, the property originally registered in the name of the co-owners’ father was
transferred in their names under TCT No. 002. On February 18, 2018, the co-owners sold the property
covered by TCT No. 002 to G for P1,580,000.

For this reason, the co-owners canceled and rescinded the contract with F by depositing the down
payment paid in the bank in trust for F. Subsequently, F, filed a complaint for specific performance
against the co-owners. What is the legal effect of the issuance of new title in the name of the co-
owners?

A. The rights and obligations of the parties did not yet become mutually due and demandable as the co-
owners sold the property to a third person.

B. The rights and obligations of the parties with respect to the perfected contract of sale became
mutually due and demandable as of the time of fulfillment or occurrence of the suspensive condition
on February 6, 2018.

C. There is fraud; hence, the co-owners are liable for damages.

D. Specific performance is not the proper remedy.

B
138. H and W spouses and E entered into a contract to sell wherein the latter agreed to sell to the
former, for P3,170,220, five parcels of land. The spouses shall make a down payment of P500,000 upon
signing of the contract. The balance shall be paid in three installments. The spouses failed to pay the last
installment. Thereafter, the spouses offered to pay the unpaid balance, which had already been delayed
by one and a half year, which E refused to accept. On September 23, 2018, E sold the same parcels of
land to X.

The spouses filed a complaint to compel E to accept the spouses’ payment.

A. E is not within her rights to sell the subject land to X. E and X are in bad faith. Payment of the price is
a positive suspensive condition, failure of which is a breach that prevents the obligation of the vendor
to convey title from becoming effective.

B. The agreement of the parties that a violation of the terms of the contract would cause its
cancellation even without court intervention is not valid.

C. The stipulation in the contract providing for automatic rescission upon non-payment is defective.

D. E is within her rights to sell the subject lands to X. There can be no rescission of an obligation that is
still non-existent due to the non-happening of the suspensive condition.

D. The contract entered into by the parties is a contract to sell and no a contract of sale.

139. I. In resolutory condition, rights are not yet acquired, but there is a hope or expectancy that they
will soon be acquired.

II. In resolutory condition, rights are already acquired, but subject to the threat of extinction.

A. Only I is true

B. Only II is true

C. Both are true

D. Both are false

B
140. It is a classification of a condition where the fulfillment of the condition depends upon the will of
one of the contracting parties.

A. Potestative condition

B. Impossible condition

C. Casual condition

D. Mixed condition

A. For example, “I will you my only watch if I will go the shopping mall today.”