Third Week Assignment:

Articles 1176 to 1198; Presumptions; Kinds of Obligations (Conditional and With

a Period)

1. Define Conclusive Presumption and Disputable Presumption in law.

Conclusive Presumption is one which cannot be contradicted or over-turned by

evidence, however, over-turned by evidence.

Disputable Presumption is one which is satisfactory if uncontradicted but may

be rebutted or overcome by presenting proof to the contrary.

2. Analyze the presumptions under Art. 1176.  Are they conclusive or

disputable?

Presumptions under Art. 1176 are disputable presumptions because they can be
refuted by providing evidence to the contrary.

3. Define transmissibility of rights (Art. 1178).  

Transmissibility of Rights - Rights of obligations or those rights which are

acquired by virtue of an obligation are as a general rule, transmissible in
character. Consequently, they may be alienated or assigned to third persons.

What rights can be transmitted and what rights cannot be transmitted?

 All rights acquired in an obligation - are generally transmissible

 Rights that cannot be transmitted:
-Rights based on their nature such as purely personal rights (right to vote)
-Stipulation of the parties
-Operation of law

4. Kinds of Obligations, define each and give 5 examples for each.

 Pure Obligation is one whose effectivity or extinguishment does not depend

upon the fulfillment or nonfulfillment of a condition or upon the expiration of a
term or period, and which, as a consequence, is characterized by the quality of
immediate demandability.
Example:
1. X promised to pay Y 10,000 on demand.
2. X obliged himself to give a book to Y.
3. X will pay P1,000,000 to Y on demand.
4. X obliges to give a specific horse to Y.
5. X obliges to pay Y P5,000.
 Conditional obligation defined as one whose effectivity is subordinated to the
fulfillment or nonfulfillment of a future and uncertain fact or event.
Example:
1. X will give a car to Y if he passes the board exam.
2. X will allow Y to stay in his house until X returns from Manila.
3. X will give house and lot to Y if Y marries their friend Z.
4. X promised to pay Y P10,000 if it rains tomorrow.
5. X obliged himself to pay Y his fee of P100,000 if he wins the case of Z without
the parties knowing that a judgment from the court has been rendered in favor
of Z.
 Obligations with a period defined as those whose demandability or
extinguishment is subject to the expiration of a term or period.
Example:
1. X will pay P10,000 to Y on June 12, 2022.
2. X obliged himself to pay Y P5,000 when his means permit him to do so.
3. X will give Y a brand-new watch on New Year’s Eve.
4. X will give financial support to Y from the time his father dies.
5. X will give P1,000 a month to Y until he dies.
 Alternative Obligations is one where various prestation are due but the
performance of one of them is sufficiently by the choice, which as a general rule
belongs to the debtor.
Example:
1. A borrowed P10,000 from B. It was agreed that A can settle the debt either by
paying P10,000 cash or giving him a new watch.
2. A is indebted to B for P10,000. A can either give back the P10,000 or pay his
monthly electric bills for 3 months.
3. A may deliver either the television or refrigerator to B on February 14, 2021.
4. A is obliged to deliver either the horse or dog to Y on his birthday.
5. A borrowed from B P2,000. Instead of paying P2,000, A may give B a new
book or a book stand.
 Facultative obligations where only one prestation has been agreed upon but
the obligor may render another in substitution.
Example:
1. A obliged himself to give B his ring. It was also stipulated that A can give his
car as a substitute.
2. A will give B new laptop, but he can also give his tablet as a substitute.
3. A will pay P10,000 to B but he can deliver a phone as a substitute.
4. A is obliged to give B a specific dog but he can deliver a cat as a substitute.
5. A is indebted to B for P10,000. It was agreed that he may also deliver a cat as
a substitute.
 Joint Obligation is one where the whole obligation is to be paid of or fulfilled
proportionately by the different debtors and/or is to be demanded proportionately
by the different creditors.
Example:
1. A and B are joint debtors or C to the amount of P50,000.
2. A is indebted to B and C to the amount of P20,000.
 3. A, B and C borrowed P50,000 from D.
4. A and B is obliged to pay C P10,000 proportionately.
5. A and B are jointly liable to give a car to C and D who are joint creditors.
 Solidary obligation is one where each one of the debtors is liable for the entire
obligation and/or each of the creditors has a right to demand entire compliance of
the obligation any or all the debtors.
1. A is liable for P10,000 in favor of B and C who are solidary creditors.
2. A and B is jointly and severally liable to C and D who are solidary creditors for
P10,000.
3. A and B are solidarily liable for P10,000 to C.
4. A, B, and C are solidarily obliged to deliver a car to D on December 25, 2022.
5. A and B are severally obliged to give a diamond ring to C on her debut.
 Divisible Obligation is one the object of which, in its delivery or performance, is
capable of partial fulfillment.
1. X agreed to pay Y P20,000 in four equal monthly installments.
2. X is obliged to paint the house of Y, to be finished within 10 days.
3. X agreed to pay Y P20,000 which is to be paid equally every other month
starting March.
4. X is obliged to pay P5,000,000 to Y. 50% in June and the balance in
December.
5. X is obliged to build the house of Y to be finished within 2 years.
 Indivisible Obligation is one the object of which, in its delivery or performance
is not capable partial fulfillment.
1. X obliged himself to deliver the house and lot to Y on February 15, 2022.
2. X obliged himself to deliver to Y a horse and a dog.
3. X is obliged to pay his income tax payable worth P10,000 on April 15, 2022.
4. X is obliged to give an electric fan and television to Y.
5. X and Y are obliged to give a study table to Z when he graduates law school.
 Obligations with a penal clause one which contains accessory undertaking to
pay a previously stipulated indemnity in case of breach of the principal prestation
intended primarily to induce its fulfillment.
Example:
1. X is obliged to give me a luxury bag. If X fails to do so, she must give
P700,000.
2. X obliged himself to give help Y in his assignment. If X fails to do so, he must
pay P500 to Y.
3. X promised to deliver a car to Y on February 14, 2022. If he fails to do so, he
must pay a penalty of P50,000.
4. X obliged himself to deliver a specific horse on Y’s birthday. But he fails to do
so, he will pay P10,000 to him.
5. X contracted Y to paint his house within 5 days. If does not finish within 5
days, he will pay him P10,000.

5. Define condition and period.

 Condition is defined as a future and uncertain fact or event upon which an
obligation is subordinated or made to depend.

Period is a future and certain event the arrival of which, the obligation subject to
it, either arises or is terminated.

6. What are the different kinds of condition and period?  Give the effects of
each on the obligation. (Arts. 1181 to 1194)

 Kinds of Condition

 Suspensive - when the fulfillment of the condition results in the

acquisition of rights arising out of the obligation.
 Resolutory — when the fulfillment of the condition results in the
extinguishment of rights arising out of the obligation.
 Potestative — when the fulfillment of the condition depends upon the
will of a party to the obligation.
 Casual — when the fulfillment of the condition depends upon chance
and/or upon the will of a third person.
 Mixed — when the fulfillment of the condition depends partly upon the
will of a party to the obligation and partly upon chance and/or the will of
a third person.
 Possible — when the condition is capable of realization according to
nature, law, public policy or good customs.
 Impossible — when the condition is not capable of realization
according to nature, law, public policy or good customs.
 Positive — when the condition involves the performance of an act.
 Negative — when the condition involves the omission of an act.
 Divisible — when the condition is susceptible of partial realization.
 Indivisible — when the condition is not susceptible of partial
realization.
 Conjunctive — when there are several conditions, all of which must
be realized.
 Alternative — when there are several conditions, but only one must
be realized.
 Express — when the condition is stated expressly.
 Implied — when the condition is tacit.

 Kinds of Period

(1) According to effect:

(a) Suspensive period (ex die). — The obligation begins only from a day
certain upon the arrival of the period.
 (b) Resolutory period (in diem). — The obligation is valid up to a day
certain and terminates upon the arrival of the period.

(2) According to source:

(a) Legal period. — When it is provided for by law

(b) Conventional or voluntary period. — When it is agreed to by the

parties

(c) Judicial period. — When it is fixed by the court.

(3) According to definiteness:

(a) Definite period. — When it is fixed, or it is known when it will come

and

(b) Indefinite period. — When it is not fixed, or it is not known when it will
come. Where the period is not fixed but a period is intended, the courts
are usually empowered by law to fix the same.

7. Memorize Art. 1180 and 1197 and give an example.

ART. 1180: When the debtor binds himself to pay when his means permit him to
do so, the obligation shall be deemed to be one with a period, subject to the
provisions of Article 1197.

ART. 1197: If the obligation does not fix a period, but from its nature and the
circumstances it can be inferred that a period was intended, the courts may fix
the duration thereof. The courts shall also fix the duration of the period when it
depends upon the will of the debtor. In every case, the courts shall determine
such period as may under the circumstances have been probably contemplated
by the parties. Once fixed by the courts, the period cannot be changed by them.
(1128a)

Example:

1. X obliged to pay his debt worth P10,000 to Y when his means permit him to
do so.
2. X agreed to construct the garden of Y. The parties failed to specify in the
contract the construction period.

8. Give the rules on the loss, deterioration, or improvement of the thing

before the arrival of the period or condition on the obligation with a period
or condition.  (Art. 1194)
 Art. 1194. In case of loss, deterioration, or improvement of the thing before the
arrival of the day certain, the rules in Article 1189 shall be observed.

(1) If the thing is lost without the fault of the debtor, the obligation shall be
extinguished;

(2) If the thing is lost through the fault of the debtor, he shall be obliged to pay
damages; it is understood that the thing is lost when it perishes, or goes out of
commerce, or disappears in such a way that its existence is unknown, or 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 the rescission of the obligation and its fulfillment, with indemnity for
damages in either case;

(5) If the thing is improved by its nature, or by time, the improvement shall inure
to the benefit of the creditor;

9. For whose benefit is the period established. Give the rationale.

 Under Article 1196 of the Civil Code, it is presumed that the period is for
the benefit of both the debtor and the creditor.
 The creditor cannot demand the performance of the obligation before the
expiration of the designated period; neither can the debtor perform the
obligation before the expiration of such period.
 RATIONALE: The debtor is benefited because he can use the money
before the period arrives. Creditor is also benefited because of the interest
the money would earn for one year.

10. Memorize Art. 1198

Art. 1198. The debtor shall lose every right to make use of the period:

(1) When after the obligation has been contracted, he becomes insolvent, unless
he gives a guaranty or security for the debt;

(2) When he does not furnish to the creditor the guaranties or securities which he
has promised;

(3) When by his own acts he has impaired said guaranties or securities after their
establishment, and when through a fortuitous event they disappear, unless he
immediately gives new ones equally satisfactory;
(4) When the debtor violates any undertaking, in consideration of which the
creditor agreed to the period;

(5) When the debtor attempts to abscond.