(A-224) FLORES, RIZZENETTE Y.

Laws On Obligations & Contracts

Asst. Prosecutor: Anselma Medina
CHAPTER 3: SECTION 1 – PURE AND CONDITIONAL OBLIGATIONS
1. D (Debtor) borrowed 20,000 from C (creditor) payable on or before August 30. Before the
arrival of the due date, C agreed to the promise of B to pay C if B wants. Can C insist that B
pay
not later than August 30?
ANSWER: No. C cannot insist to pay him not later than August 30. In accordance with Article
1182 which states that “when the fulfilment of the condition depends upon the will of the
debtor,
the conditional obligation shall be valid. If it depends upon chance or upon the will of a third
person the obligation shall take effect on the conformity with provisions of this code.
Considering the fact that B is the third person and it was agreed by C that he will only pay the
creditor if he (B) wants to. Therefore, C cannot insist B to pay him if the due date is not yet
passed.
2. Suppose in the same problem, D obliges himself to pay C 10,000 after C has paid his
obligation to T. Is the obligation valid?
ANSWER: The condition in this case is considered as suspensive wherein the obligation will
arise upon the fulfilment of the condition. Under Article 1182, the rule states that when the
fulfilment of the condition depends upon the sole will of the debtor, the conditional
obligation
itself shall be void. However, as an exception, it is only applicable when the obligation shall
depend for its perfection upon the fulfilment of the condition and not when the obligation is
a
pre-existing one. On the given situation, only the condition is void since the obligation is pre-
existing one. Since D obliges himself to pay D after he has paid his obligation to T; therefore,
the
pre-existing obligation of D to pay C for his indebtedness is still valid and won’t be affected
by
the potestative condition.
3. S (seller) agreed to sell B (buyer) a specific car for 200,000, delivery of the car and the
payment of the price to be made on June 15. Suppose S delivered the car on June 15 but
failed to
pay the price, what are the remedies of S?
ANSWER: In this case, both parties are debtors and creditors to each other. Seller is the
creditor
as to the price and a debtor as to deliver the thing. While buyer is a creditor as to the thing
and
debtor as to the payment of the price Therefore, the obligation is considered as reciprocal.
However, as stated in the situation, the buyer failed to comply with his obligation. In that case,
under Article 1191, the injured party may choose between the fulfilment and rescission of the
obligation, with payment of damages in either case. He may also seek rescission even after
he
has chosen fulfilment, if the latter should become impossible. In this case, the seller has the
privilege to choose only one of the remedies, and not both. If the creditor has chosen
rescission,
he cannot demand the fulfilment of obligation to the buyer. Same as, if he chosen the buyer
to
fulfil the obligation, he cannot practice the rescission later on.
4. ANSWER: If I were the Judge, I would grant the rescission claimed by the seller. Under
Article 1191, “The court shall decree the rescission claimed, unless there be just Cause
authorizing the fixing period.” In this case, the buyer is willing to comply with his obligation to
pay the maintaining balance of 40,000. But he needs time to do so in view of his financial
reverses. This is an exception in relation with article 1191, wherein the guilty party is willing to
comply but needs more time and not where he refuses to perform. Therefore, the rescission
in
reciprocal obligation claimed by the seller, he, in effect treats the non-fulfilment of the other
party of his obligation as a resolutory condition.
5. D (debtor) binds himself to pay C (creditor) a sum of money. Give the three (3) cases when
the
obligation is demandable at once by C.
ANSWER: An obligation is demandable at once –
(1) When it is pure
Under Article 1179, “every obligation, whose performance does not depend upon a future
on
uncertain event, or upon past event unknown to the parties, is demandable at once. In this
case,
the obligation is considered as pure obligation wherein there was no condition and specific
date
that was mentioned as for the fulfilment of the obligation. Therefore, the obligation of B to
pay C
the sum of money is immediately demandable