OBLI-CON

(Particular Kinds of Obligations

to be Complied by PERSONS)

Atty. Arnold V. De Castro

PERSONS

NATURAL PERSONS JURIDICAL PERSONS

With senses: sight, touch, hearing, taste, etc. Without such senses
Created through procreation Created by operation of law
 PURE OBLI. vs. CONDITIONAL OBLI.
PURE CONDITIONAL
immediately subject to a condition- a future and uncertain event including acquisition of
demandable, knowledge of a past event unknown to the parties
regardless of SUSPENSIVE CONDITION RESOLUTORY CONDITION
the presence
of condition if fulfilled, the obligation arises if fulfilled, the obligation is extinguished
or a if not complied, legal tie is absent if not complied, legal tie is present
term/period
Pending its compliance, obligation is a The effects of obligation exist but with
mere hope possibility of termination if the
condition happened
If it depends upon debtor’s will Obli.
is VOID If it depends upon debtor’s or creditor’s
If it depends upon creditor’s will will Obli. is VALID
Obli. is VALID
 CONDITIONAL
IMPOSSIBLE CONDITIONS
PHYSICALLY- in the nature of things, cannot LEGALLY- contrary to law, morals, good
exist or cannot be done customs, public order, or public policy
Rules:
1.If Obli. is divisible only the part unaffected by impossible condition is VALID
2.If Obli. is pre-existing  only the condition is VOID

Elements of Constructive Fulfillment of Suspensive Condition:

(1) Condition is suspensive;

(2) Debtor actually prevents fulfillment of condition; and
(3) He acts voluntarily even without malice or fraud
 OBLI. WITH A PERIOD OR TERM
POINT OF PERIOD/TERM CONDITION
DISTINCTION
As to fulfillment certain event which must happen uncertain event
sooner or later at a date known
beforehand

As to time refers only to the future future or past event unknown

to the parties
As to influence on the merely fixes the time for the causes an obligation to arise or
obligation efficaciousness of the obligation to cease
 OBLI. WITH A PERIOD OR TERM
RULES ON PERIOD/TERM

GR: When a period has been agreed upon for fulfillment of obligation, it is presumed to be for
benefit of both creditor and debtor.

EXC: When from tenor of period or other circumstances, it appears that it was established for
benefit of one of parties.

PERIOD FOR THE BENEFIT OF EITHER THE CREDITOR OR DEBTOR

Creditor
may demand fulfillment or performance of
obligation at any time but the debtor cannot
compel the creditor to accept payment before the
expiration of the period
Debtor
may oppose any premature demand on the
part of the creditor, or if he so desires, he
may renounce the benefit of the period by
performing his obligation in advance
 OBLI. WITH A PERIOD OR TERM
Instances when court may fix a period/term Instances when debtor loses right to make
use of period/term

1. Obli. does not fix a period but from its nature 1. Debtor’s insolvency
and circumstances it can be inferred that a period 2. Debtor’s non-delivery of security promised
was intended by parties 3. Debtor’s impairment of security through
his own acts or disappearance through
EXC: if it will just result to unnecessary delay fortuitous event, unless he gives new security
and debtor failed to comply with his obli. despite equally satisfactory
ample opportunity. 4. Debtor’s violation of undertaking in
consideration of extension of period
2. Duration of period depends upon debtor’s will 5. Debtor’s attempt to abscond
 REFERENCES
A. Books
• De Leon and De Leon. (2021). Obligations and Contracts. Rex Publisher
• Jurado (2020). Obligations and Contracts Reviewer. Rex Printing Company, Inc.
B. Electronic References
• Jurisprudence (n.d.) Retrieved on 13 August 2021 from http://sc.judiciary.gov.ph/decisions/
• Jurisprudence and New Civil Code (n.d.) Retrieved on 13 August 2021 from http://supreme.chanrobles.com/
• Jurisprudence and New Civil Code (n.d.) Retrieved on 13 August 2021 from
https://lawphil.net/judjuris/judjuris.html
• Jurisprudence (n.d.) Retrieved on 13 August 2021 from
https://www.officialgazette.gov.ph/section/judicial/supreme-court/decisions/
C. Others
• Official Gazette of the Republic of the Philippines
• Philippine Reports
• Supreme Court Reports Annotated