Professional Documents
Culture Documents
Oblicon Tagalog
Oblicon Tagalog
Article 1179
Every obligation whose performance does not depend upon a future or uncertain event, or upon a past
event unknown to the parties, is demandable at once.
-yung mga obligasyon na hindi naka depende sa future or hindi sure na mga pangyayare o mga past na
hindi alam ng bawat parties ay demandable or kailangan nilang gawin agad
-Pure obligations
Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the
effects of the happening of the event
-Yung mga obligasyon na may resolutory condition ay demandable din anytime na hindi isina alang alang
kung anong mangyayare sa hinaharap
2 classifications of obligation:
Primary obligation
Secondary obligation
Primary
1. Pure and conditional obligations
2. Obligations with a period
3. Alternative and facultative obligations
4. Joint and solidary obligations
5. Divisible and indivisible obligations
6. Obligations with a penal cause
Secondary obligation
1. Unilateral and bilateral obligations
2. Real and personal obligations 3. Determine and generic obligations
Pure obligations
- Walang kondisyon/Not subject to any condition
- No specific date is mentioned for its fulfilment
- immediately demandable
-Duration is depend on nature of obligation and circumstances
-Upon demand of the creditor
Ex. I promise to give you 5,000 (no specific term or condition, therefore it is demandable )
Conditional obligations
- consequences are subject in one way or another (magagawa or hindi)
- Subject to condition Future or uncertain event Past and unknown
- Must not be impossible
Ex. Passing the subject oblicon (hindi mo sure kung makakapasa ka, pero hndi rin naman sya imposibleng
mangyare, sa future pa mangyayare)
Suspensive condition
Condition Precedent- earlier event/action
Condition Antecedent- thing/event that happened before
-Hindi ka makakpag demand hanggat hindi pa nangyayare yung obligation
ex. I will give maria a 10k pesos if she passed the major exam, the obligation is demandable only the time
maria take the exam and passed it.
Resolutory condition
- Immediately demandable (anytime pwede mag demand)
- Kapag nafulfill na yung dapat gawin, nawawala na yung obligation
Ex. Cedric and yesha enters into a valid employment contract. The contract says that if the employee
commits a crime, it will be the end of the contract. Mr. Cedric can demand the immediate leave of Yesha
after the committed crime.
When obligation is demandable at once
1. When it is pure (any condition or any period)
2. when it is subject to a resolutory condition
3. When it is subject to a resolutory period
2. Other cases
-when the debtor binds himself to pay "
"little by little"
"as soon as possible"
"from time to time"
"at any time I have money"
"in partial payments"
"when I am in position to pay"
Article 1181
In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already
acquired, shall depend upon the happening of the event which constitute the condition
-ano ang effect kapag nangyare ang condition
- kapag nagawa or hindi yung condition, nakadepende sa kalalabasan ng mangyayare sa nakalagay sa
kondisyon
Suspensive
- karapatan to demand once na mangyare yung obligation
Resolutory
- once tapos na yung condition tapos na rin yung obligation hndi na makakapag demand
1. Acquisition of rights - future and certain events (suspensive condition, cannot demand)
Ex. DJ bind himself to give 10,000 pesos to hazel if hazel can make icerry fall inlove.
2. Loss of rights already acquired (resolutory condition, can demand anytime the period as long as hndi pa
terminated)
Ex. Loraine binds himself to buy a laptop to coleen in an installment basis. Once the installment payment
is complete the obligation shall be extuingished.
Article 1182
When the fulfillment of the condition depends upon the sole will of the debtor, the conditional
obligation shall be void. If it depends upon chance or upon the will of a third person, the
obligation shall take effect in conformity with the provision of this code
-Pinauusapan na dito is yung fulfillment ng obligation, kapag will ng debtor ang pinaguusapan or
sya lang yung magdedesisyon kung kailan nya mafufulfill yung obligation, VOID yun. Kasi
dapat sya yung mag gagawa ng obligation once na sya yung nagdesisyon parang illusionary lang
yung obligation. Kasi hindi sya easily demandable. Walang juridical tie na nangyare.
- If may involve naman na 3rd party in order to fulfill the obligation, mag take effect yung
obligation depende sa naging desisyon nung 3rd party
Potestative condition
- Suspensive in nature
- Sole will of one of the contracting parties
- Condition is dependent on either debtor/creditor
- Depende kung sno yung may will na ifulfill yung condition si debtor ba or creditor
Where suspensive condition depends upon will of the debtor (void)
- Yung debtor kasi pabor sakanya lagi na hndi gawin yung obligation
- Naturally inclined
Where suspensive condition depends upon the will of the creditor (valid)
- Kung naka depende naman kay creditor yung will VALID yung obligation.
- Kasi nga creditor is always interested
Ex. I will pay my indebtedness to you if you demand for it
- Suspensive condition
- Obligation already constituted (naipatupad na)
- Nag exist na yung impossibility nung time na naisapatupad yung obligation
And if wala namang napag usapan o naitakda na specific na date iaassume na natupad na
yung obligasyon sa kung kelan nila napagisipan base na lang sa nature ng obligation.
Article 1185 refers to the negative condition- it is an event will not happen at a determinate time
also it is not to do. The obligation shall become effective and binding:
1. From the moment the time indicated has elapsed without the event taking place
Dito kapag ka na expired o lumagpas na yung date sa kondisyon nila dun na
magiging effective yung napagusapan.
Example:
Lito (obligor) obliged himself to give her daughter Ana (oblige) a ticket trip to japan in the
condition that Ana (oblige) will not be pregnant until she graduated college at 2022.
So Ana already finished her studies in college of not getting pregnant in that case the obligation
of Lito (obligor) to her daughter Ana (oblige) to give a ticket trip to japan becomes effective.
2. From the moment it has become evident that the event cannot occur although the time
indicated has not yet elapsed.
Dito naman kahit di pa lumalagpas or na eexpired yung napagusapan nyo na date
basta may di inaasahan na nangyare clear na di na mangyayare yung kung ano
dapat yung kondisyon nyo.
Example: Lito (obligor) obliged himself to give her daughter Ana (oblige) a ticket trip to japan in
the condition that Ana (oblige) will not be pregnant until she graduated college at 2022.
Before Ana (oblige) graduated had elapsed, she go in the doctor for her check-up because of her irregular
menstruation and the doctor said that the result of her irregular menstruation will lead to her for having a
no child. In this case, even before the lapse of 9 years it is clear that the obligation has become effective
because of the result of her check-up. It is evident that Ana can never be pregnant anymore so that the
obligation of his father will be effective.
Article 1186
The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment
- Dito walang actual fulfillment by the debtor sa kanyang obligasyon pero the law
considered that it will be fulfilled because yung obligor voluntarily prevents its
fulfillment.
Article 1186 refers to constructive fulfillment of suspensive condition- refers to an obligation
prevented by the obligor from happening.
There are 3 requisites for the application of this article.
1. The suspension must be suspensive
If di siya suspensive so hindi mo sya pwede e apply dito.
3. He acts voluntarily
Ito yung pinaka important na requisites kasi dapat voluntary yung kanyang
pagprevent nung obligation.
Intent to Prevent Compliance – The law does not require that the obligor acts with malice or
fraud as long as his purpose is to prevent the fulfillment of the condition. He should not be
allowed to profit from his own fault or bad faith. (so ito nga yung the laws considered nga kahit
walang actual fulfillment by the debtor dahil sa kanyang pagkukusa na ma prevent yung
fulfillment it is as is na nafulfill. Also sa article 1186 wala naman na mention na may malice or
fraud as long as the obligor purposes is to prevent the fulfillment of the condition and it is
voluntary)
Example:
Erica (obligor) agreed to give trisha a 10% commission if trisha find a supplier to buy his ukay
bundle at a certain price. So trisha (oblige) already found a supplier who definitely decided to
buy the ukay bundle. So to evade the payment of the commission agreed upon, Erica (obligor)
herself sold directly to the supplier at a lower price without the aid of trisha (oblige) para
mabawasan nya yung commission ng ahente na si trisha sya na lang dumirekta sa may supplier
which is yung buyer.
So in this case the condition imposed by Erica (obligor) kay agent which is Trisha na maghanap
ng buyer para mabigyan ng 10% commission is deemed fulfilled. It means liable na si Erica
(obligor) to give a commission to the agent which is Trisha (oblige) even though si agent or
trisha is hindi talaga sya yung nagbenta this is the constructive fulfillment.
Constructive fulfillment of resolutory condition
- When the obligation is subject to resolutory condition and the obligee unjustifiably
provokes the agreement. It will not be considered fulfilled and there will be no
extinguishment of rights. The obligee cannot be excused from non-compliance of the
obligation. (HELP PARA SA MAY PINAKA MEANING NAGAWAN KO
EXAMPLE PERO NAHIHIRAPAN AKO EXPLAIN SA PINAKA MEANING NG
MADALIAN)
Resolutory- the happening of the condition extinguishes the obligation already existing.
Example:
The CEO (oblige) of the company bind himself to lend his car to his new driver (obligor) until he
worked for the company. The obligation to lend is immediately demandable. So the new driver
right over the car is extinguised or mag end when he is no longer the driver of the company so
that the driver is obliged to return the car to the CEO.
Article 1187
The effect of a conditional obligation to give, once the condition has been fulfilled, shall retroact
to the day of the constitution of the obligation. Nevertheless, when the obligation imposes
reciprocal prestations upon the parties, the fruit interest during the pendency of the condition shall
be deemed to have been mutually compensated. If the obligation is unilateral, the debtor shall
appropriate the fruits and interest received, unless from the nature and circumstances of the
obligation it should be inferred that the intention of the person constituting the same was different.
In obligation to do and not to do, the court shall determine, in each case, the retroactive effect of
the condition that has been complied with. (PAHELP ULIT PAANO MAPAPADALI YUNG
SA MEANING NG ARTICLE HIHI basta it pre supposes na nafulfill na yung suspensive
condition and this article talks about the effects and the effects is retroactive)
It refers to retroactive effects of the fulfillment of suspensive condition- means nagbabalik tanaw
ka, ni rerecon mo yung past or from the past.
Retroactive effects in obligations to give.
Once the condition is fulfilled, the effects of the conditional obligations shall
retroact to the day of the constitution of the obligation and not on the date when
the condition was fulfilled. ( the obligation to give will not be demandable until or
unless nangyare na yung suspensive condition so the effects is mag reretro act so
it means hindi sa happening ng kondisyon kundi kung kelan ba na constitute yung
obligation)
Example: cheese agrees to sell and heart agrees to buy cheese parcel of land if heart
won the miss earth pageant on December 2021. If heart won the December 2021, the
obligation becomes demandable. Heart is entitled to all the interests that her money
(with which to pay cheese) may earn while cheese is entitled to the fruits which the
parcel of land may have produced during the pendency of the condition.
2) In unilateral obligation - the debtor shall appropriate the fruits and interests received
during the pendency of the condition unless a contrary intention appears.
Example - cheese agreed to give heart a parcel of land if heart won the pageant on
December 2021. Pending the happening of the condition, cheese is entitled to the
fruits which the land may produce heart will deliver only the parcel of land if the
condition is fulfilled, unless a contrary intention appears.
Article 1188
The creditor may, before the fulfillment of the condition bring the appropriate actions for the
preservation of his right.
The debtor may recover what during the same time has paid by mistake in case of suspensive
condition.
- Sinasabi dito is the pending the fulfillment of the suspensive condition, the parties have
the rights to preserve their rights. Dito yung creditor or nagpautang is maaring gumawa
ng hakbang bago matupad yung condition upang mapanatili yung kanyang karapatan. At
ang debtor o nangutang ay pwede nyang mabawi yung mga nabayad nya kung ito ang
isang pagkakamali sa pagpigil ng kondisyon.
Rights of creditor
-authorizes the creditor to take any appropriate actions for the preservation of creditor's right
during the pendency of the condition. (dito anuman naangkop na aksyon ng cridetor is pwede as
long as na proprotect nya yung right nya as a oblige)
Example:
On November 9, 2021 cheese (obligor) agreed to give heart (oblige) a brand new car if she win
miss earth pageant on December 2021, so habang si heart is hindi pa nananalo sa pageant so
cheese protect his right as a creditor, so cheese annotate the obligation in the certificate of title in
registry of property.
Rights of debtor
-He is entitled to recover what he has paid by mistake prior to the happening of the suspensive
condition. ( so na aallow ung right na to ng debtor if ung creditor is hindi na fulfill yung
condition nila o napagkasunduan so it is the case of solution indebti)
Example:
On November 9, 2021 cheese (obligor) agreed to give heart (oblige) a brand new car if she win
miss earth pageant on December 2021, so as sa obligor or debtor so si cheese akala niya nanalo
kana yun pala elimination palang tapos napadala nya na sayo yung susi ng brand new car so that
cheese the debtor may recover what he give because the condition is not yet fulfill.
Article 1189
When the conditions have been imposed with the intention of suspending the
efficacy of an obligation to give, the following rules shall be observed in case of
the improvement, loss or deterioration of the thing during the pendency of the
condition:
Kung ang kondisyon o kasunduan ay naipatupad na at ang layunin nito ay
ipagpaliban ang mga pananagutan ng pagbibigay ng mga ito , ang mga
sumusunod ay dapat ipatupad kung may mga pagbabago, pagkawala, o
pagkasira sa mga panahong suspensido ang kondisyon.
Requisites of 1189
- The obligation is to give or real obligation
- The object is a specific or determinate
- The obligation is subject to a suspensive-conditions
- The condition is fulfilled
- There loss, deterioration or improvement of the thing
1. Loss of thing without debtors fault – may fortuitous events. The obligor or debtor is
not liable.
Example: D will sell his car to C, but fortuitous event happened, Nawala yung
sasakyan without the fault of debtor.
2. Loss of the thing with debtors fault – liable na si obligor na damages. Lagging may
damages kapag may negligence.
3. The thing deteriorates without the fault of the debtor – (deteroriates means
nagreduce yung fair value ng isang bagay) the creditor will suffer the loss
Example: Yung sasakyan na ibebenta mo is nabangga or nagasgasan without
debtor fault, yung value ng sasakyan na napag usapan nyong amount ni creditor
is marreduce because of the damages but debtors is not liable to that.
4. The thing deteriorates with debtors fault – liable si debtor sa damages.
- Creditor may choose 1) Recission or cancellation of obligation with damages.
2)Fulfillment of obligation with damages.
5. The thing is improved by its nature
Example: Yung value ng car na binenta is tumaas yung fair value. Yung
magbebenefit dto is si creditor.
6. The improvement of the thing is expense by the debtor.
Example: Yung sasakyan na binebenta ni debtor is pinaganda nya at inayos,
What is Usufructuary? A usufruct is a legal right granted to a person or party
which grants a temporary right to use/derive income/benefit from the
property of another individual.
Article 1190
When the conditions have for their purpose the extinguishment of an obligation to
give, the parties, upon the fulfillment of said conditions, shall return to each other
what they have received.
Kung sakalit ang mga kondisyon ay hindi naisakatuparan na siyang naging sanhi
sa pagbabalewala ng kasunduan, ang anumang naibayad o naibigay ng
bawat partido ay kinakailangang magsaulian.
kapag nafulfill na yung obligation, it is bound to give back the thing. Yung effects of
fulfillment of resolutary condition, kung ano man yung natanggap ng both parties,
kaylangan magsolian.
Example: D allowed S na gamitin yung sasakyan nya habang nasa probinsya sya, pero
pag balik nya galling probinsya kaylangan na ibalik ni S kay D yung sasakyan without
damage.
In case of the loss, deterioration or improvement of the thing, the provisions which, with
respect to the debtor, are laid down in the preceding article shall be applied to the party
who is bound to return.
As for the obligations to do and not to do, the provisions of the second paragraph of
Article 1187 shall be observed as regards the effect of the extinguishment of the
obligation. (1123) – In obligations to do and not to do, the courts shall determine, in each
case, the retroactive effect of the condition that has been complied with.
Article 1191
The power to rescind obligations is implied in reciprocal ones, in case one of the
obligors should not comply with what is incumbent upon him.
The injured party may choose between the fulfillment and the rescission of the
obligation, with the payment of damages in either case. He may also seek
rescission, even after he has chosen fulfillment, if the latter should become
impossible.
The court shall decree the rescission claimed, unless there be just cause
authorizing the fixing of a period.
This is understood to be without prejudice to the rights of third persons who have
acquired the thing, in accordance with Articles 1385 and 1388 and the Mortgage
Law. (1124)
May kapangyarihang bawiin o ipawalang bisa ang isang kasunduan na
ipinapahayag sa palitan ng obligasyon, kung ang isa sa may pananagutan ay
hindi tumupad sa mga nrarapat niyang gawin.
Dto sa 1191 may karapatan na mamili yung creditor kapag si obligor hndi nya
nagawa yung obligations nya or nagkaroon ng fortuitous event. Kapag
kasalanan ni obligor kaya nagakrron ng damage or hndi ngawa yung obligation,
debtor is liable. Pero kapag walang ksalanan si debtor at nagkaroon ng
damages sa obligation, hndi liable si debtor
Tapos dto sin papasok yung recission. Pwdeng icancel ni creditor kapag
nagkaroon ng damages and may fault si debtor.
Unilateral – only one party is obliged in the prestation.
Example: Donor. Isang party lang yung bound to fulfill the obligation.
Bilateral – both parties are bound to each other. Parehas silang creditors and debtors.
Example: Contract of sale. Buyer and Seller. Pag nabigay na yung thing/object,
magpapalit na sila ng position as creditor and debtor.
Reciprocal Obligation -
Non-reciprocal Obligation –
If the obligor was not able to fulfill the obligation, the creditor may choose;
1. Action with specific performance with damages
2. Action for Recission of the obligation with damages
Example: yung sasakyan na binebenta ni D kay S is bound to deliver in December 1. Pero
hndi nadeliver ni D, si S may right to demand and with the damages.
Article 1192
In case both parties have committed a breach of the obligation, the liability of the
first infractor shall be equitably tempered by the courts. If it cannot be determined
which of the parties first violated the contract, the same shall be deemed
extinguished, and each shall bear his own damages.
Kapag ang parehong partido ay nagkasala sa hindi pagtupad sa anumang
obligasyon, ang pananagutan ng unang lumabag ang mabibigyan ng
karampatang kahatulan ng hukuman . Ngunit kung hindi matiyak kung sinu sa
mga partido ang hindi sumusunod o tumupad sa kontrata ay parehong hindi
makakatanggap ng anu mang kapakinabangan at parehong managit sa
kanilang pagkakamali.
Under this article, parehas may pagkakamali yung dalwang party. Kapag alam
kung sinong unang nagkamali, sya yung liable sa damages, pero marereduce
yung amount non kasi nagkamali din yung isang party.
Pero kapag parehas na hndi alam kung sinong unang nagkamali sa obligation,
parehas silang mananagutan od parehas silang magsusuffer sa damages ng
obligation.
Both parties have breach of obligation.
Guilty of breach or violate.
1. Frst infractor known – alam kung sinong unang nagkamali. Sya yung bound to fulfill
sa damages
Both parties ay nagviolate pero alam kung sinong unang nagkamali, so sya yung
liable sa damages. Pero marereduce yung damages kasi may violate din yung
isang party
2. First infractor cannot be determined – hndi alam kung sinong may mali. Kanya
kanya. Suffer itself.
Article 1193 –
Obligations for whose fulfillment a day certain has been fixed, shall be
demandable only when that day comes.
Obligations with a resolutory period take effect at once, but terminate upon arrival
of the day certain.
If the uncertainty consists in whether the day will come or not, the obligation is
conditional, and it shall be regulated by the rules of the preceding Section.
(1125a)
Artikulo 1193. Ang mga obligasyon na kung saan ang katuparan ay naitakda na sa
tiyak na araw ay mahihingi lamang sa pagdating ng araw na naitakda.
Ang mga obligasyon na may resolutory period ay magkakabisa agad, ngunit ito ay
matatapos sa pagdating ng tiyak na araw.
Ang tiyak na araw ay malinaw na kailangang dumating, bagaman maaaring hindi
alam kung kailan.
Kung may pag-aalinlangan sa pagdating ng araw na ito o hindi, ang obligasyon ay
kondisyonal, at ito ay pinapatakbo ng patakaran ng nakalipas na seksyon.
Definite period – fixed, possible, alam mo na darating yung araw nay un.Example:
January 1,2022
Indefinte period – not fixed, impossible to come, hndi mo alam kung kailang. Yung court
na magdedecide.
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. (same to 1189)
(Sa oras ng pagkawala, pagkasira o pagpapabuti ng gamit bago dumating an
tinakdang araw, ang mga patakaran na nasa Artikulo 1189 ang dapat sundin.)
Lost*
Without fault of the Obligation is extinguished
debtor
Deteriorates
Without fault of the The impairment is borne by the creditor
debtor
At the expense of the The debtor shall have no other right than that
debtor granted to the usufructuary.
Example:
- Jay (debtor) is obliged himself to sell his yacht to Zola (creditor) at half
its purchasing price on Zola’s graduation, provided Zola graduates on
time. On April 25, 2016, Zola graduated, on time and with honors.
However, the day before his graduation, Typhoon Hayan destroyed the
yacht. Since the loss happened before the day certain, and the loss was
due to a fortuitous event, the obligation of Jay to sell his yacht to Zola is
extinguished.
ART. 1195.
Anything paid or delivered before the arrival of the period, the
obligor being unaware of the period or believing that the obligation
has become due and demandable, may be recovered, with the fruits,
and interests. (similar to art 1188 paragraph 2)
(kung ano yung nabigay or nabayad bago ang due at kung di aware ang debtor
sa due date pwede itong magdemand na kunin ulit yung nabayad nito)
Example:
- On December 10, 2015 Nini (debtor) owed 150,000.00 to Nana
(creditor) then the debtor agreed to pay the sum of 150,000.00 with
1% monthly interest or 12% per annum and the payment of the debt
is in June 30 2016. Then on January 5, 2016 Nitzel thought that her
obligation is already due and demandable therefore she paid her
debt to Digna with the sum of 150,000.00 plus the 12% interest. On this
case, since Nitzel is unaware of the period, she can recover the
interest that she paid to Digna because it states on this article that
“the obligor being unaware of the period or believing that the
obligation has become due and demandable, may be recovered,
with the fruits and interests.”
Example:
- Jac (debtor) borrowed 100k from Cedric (creditor) which is payable
on October 19 2025 with 12% interest. Jac decided to pay on
September 1 2022, without the consent of cedric, jac cannot pay
before the said date of payment.
Exemptions to the General Rule
Term is for the benefit of the debtor alone
- He cannot be compelled (pilitin) by the creditor to pay ahead of the
designated period of fulfilling the obligation, (hindi pwedeng pilitin
ng creditor si debtor na magbayad bago yung period) but he can
pay ahead if he desires (gusto) to do so. (pero pwedeng magbayad
si debtor ng maaga kung gugustuhin nya)
Example:
o Without interest
Jessica (debtor) borrowed 35k to Juls (creditor) for the repair
of her car. They agreed since they are best friends to pay it
without interest and to be paid within 3years. In this case
Jessica (debtor) benefits more than the Juls (creditor), but Juls
cannot compelled Jessica to pay before the said period of
payment.
o Promises to pay
Jessica (debtor) promises to pay her debt on or before the said
period that the Juls (creditor) given to Jessica.
Contractual Period
- Period which fixed by the both parties based on their agreement or
contract. (period na napagusapan ng creditor at debtor)
Example:
- Joem (debtor) is obliged to pay the remaining 20k to Eloiza (creditor)
and in their contract it does not stipulate a fix period. Court cannot
interfere the contract between them because the contract is the law
on both parties.
Example:
- Engineer Rowee (debtor) agreed to construct the building of David
(creditor) for his business Coffee Shop. Both parties failes to fix a
period when should be the construction is needed to be done. The
court may interfere and they can use as a guide the practices of
engineers oh how long wil it takes to build a particular building.