PURE AND CONDITIONAL OBLIGATIONS

Pure obligation – one which is not subject to any condition and no specific date is
mentioned for its fulfillment and is, therefore, immediately demandable.
Condition – future and uncertain event, upon the happening of which, the
effectivity or extinguishments of an obligation (or right) subject to it depends.

Conditional obligation – one whose consequences are subject in one way or

another to the fulfillment of a condition.
Characteristics of a condition
a. Future and uncertain – In order to constitute an event as a condition, it is not
enough that it be future, it must also be uncertain.
b. Past but unknown – A condition may refer to a past event unknown to the
parties.
Principal kinds of condition
a. Suspensive condition (condition precedent or condition antecedent) or one
the fulfillment of which will give rise to an obligation.
Ex.: I will sell you the land if it is adjudicated (to study and settle a dispute or
conflict)) to me in the division of my deceased father’s estate.
b. Resolutory condition (condition subsequent) or one the fulfillment of which
will extinguish an obligation already existing.
Ex.: B binds himself to give C ₱1,000 monthly until C graduates from college.

Distinction between suspensive and resolutory conditions

If the suspensive condition is fulfilled, the obligation arises, while it is resolutory
condition that is fulfilled, the obligation is extinguished.

When obligation is demandable at once

 a. when it is pure
b. when it is subject to a resolutory condition
c. when it is subject to a resolutory period

Where duration of period depends upon the will of debtor

Period – a future and certain event upon the arrival of which the obligation
subject to it either arises or it is extinguished.
A. The debtor promises to pay when his means permit him to do so.
B. Other cases
a. little by little
b. as soon as possible
c. from time to time
d. at any time I have money
e. in partial payments
f. when I am in the position to pay
Classification of conditions
A. as to effect
a. Suspensive – the happening of which gives rise to the obligation.
b. Resolutory – the happening of which extinguishes the obligation.
B. as to form
a. Expressed – the condition is clearly stated
b. Implied – the condition is merely inferred.
C. as to possibility
a. Possible – the condition is capable of fulfillment, legally and physically.
b. Impossible – the condition is not capable of fulfillment, legally and physically
D. as to cause or origin
a. Potestative – the condition upon the will of one of the contracting parties.
b. Casual – the condition depends upon chance or upon the will of a third person.

c. Mixed – the condition depends partly upon chance and partly upon the will of
a third person.

E. as to made
a. Positive – the condition consists in the performance of an act.
b. Negative – the condition consists in the omission of an act.
F. as to numbers
a. Conjunctive – there are several conditions and all must be fulfilled.
b. Disjunctive – there are several conditions and only one or some of them must
be fulfilled.
G. as to divisibility
a. Divisible – the condition is susceptible of partial performance.
b. Indivisible – the condition is not susceptible of partial performance.

Potestative condition –a condition suspensive in nature and which depends upon

the sole will of one of the contracting parties.
Conditional obligation void – where the potestative condition depends solely
upon the will of the debtor.
Ex.: I will pay you if I want.
I will pay you after I receive a loan from the bank.
I will pay you after I recover what X owes me.
Only the condition void – If the obligation is pre-existing one, only the condition
is void.
Ex.: X borrowed 1M pesos from Y payable within 1 year. Subsequently, X
promised to pay Y “after X sells his 1hec lot” to which Y agreed. In this case,
only the condition is void but not the pre-existing obligation of X to Y.
If the condition depends exclusively upon the will of the creditor, the obligation
is valid.
Ex.: I will pay you my indebtedness upon your demand.
Casual condition – If the suspensive condition depends upon chance or upon
the will of the third person, the obligation subject to it is valid.
Ex.: Where X, building contractor, obliges himself in favor of Y, owner, to repair
at X’s expense any damage that may be caused to the building by any
earthquake occurring within 10 years from the date of the completion of its
construction.

Mixed condition – The obligation is valid if the suspensive condition

depends partly upon chance and partly upon the will of a
third person.
Ex.: Where X, building contractor, obliges himself in favor of Y, owners, to
repair at X’s expense, any damage to the building taking place after an
earthquake if found by a panel of arbitrators that construction defects
contributed in any way to the damage.