CHAPTER 3: DIFFERENT KINDS OF OBLIGATIONS
subordinated to the fulfillment or non-fulfillment of a
Sec. 1. - Pure and Conditional Obligations
ART. 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.
EVERY OBLIGATION WHICH CONTAINS A RESOLUTORY
CONDITION SHALL ALSO BE DEMANDABLE, WITHOUT
PREJUDICE TO THE EFFECTS OF THE HAPPENING OF
THE EVENT.
Pure Obligation- one whose effectivity or
extinguishment does not depend upon the fulfillment
or non-fulfillment of a condition or upon the expiration
of a term or period.
Elements:
a) Not subject to a condition
b) Not subject to a term/period
 Characterized by the quality of immediate
demandability, but there must be a reasonable
period of grace.
 *Immediate demandability: It does not mean
outright but speaks of a reasonable time;
depends on the nature and complexity of the
obligation.
 Simple Obligation does not equal to pure
Obligation. Former speaks of an obligation with
only one prestation, while the latter speaks of
an obligation that does not depend on a
condition or period.
Obligations that are immediately demandable:
1. Pure obligations (Art 1179)
2. Obligations with resolutory condition (Art. 1179,
par.2)
3. Obligations with resolutory period (Art. 1193,
par.2)
4. Obligations with a condition not to do an
impossible thing (Art. 1183, par.2)
2 Types of Events:
1. Condition – a future and uncertain event upon which
the acquisition and resolution of rights is made to
depend by those who execute the juridical act
Characteristics:
• Future
• Uncertain – may or may not happen
• Possibility
2. Term/Period – an interval of time, which, exerting an
influence on an influence on an obligation as a
consequence of a juridical act, either suspends its
demandability or produces its extinguishment.
Characteristics:
• Future
• Certain although not known when it will happen
**Suspensive Condition and Term – Happening of which
will arise to acquisition of rights
**Resolutory Condition and Term – Happening of which
will result to the extinguishment of an obligation
Conditional Obligation – one whose effectivity is
future and uncertain act or event.
Is a past event unknown to the parties be considered a
condition?
According to Si Ulan, quoting Tolentino, a past event
cannot be “future and uncertain”, which are the
elements of a condition, and thus cannot be one. What
can be a condition is the future knowledge or proof of a
past event unknown to the parties, but NOT the event
itself. Thus the contract or obligation arises, not when
the event happened or the fact came into existence,
which would be in the past, but when the proof of such
fact or event is presented, which would be in the future.
Example: I will give you P50,000 if you could prove that
Rizal returned to the Catholic Church before he died.
Classifications of Conditions:
1. Suspensive or Resolutory
 Suspensive – when the fulfillment of the
condition results in the acquisition of rights
arising out of the obligations.
 Resolutory – when the fulfillment of the
condition results in the extinguishment of rights
arising out of the obligation.
2. Potestative, Casual, or Mixed
 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 party upon chance and/or will of
a third person
3. Possible or Impossible
 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.
4. Positive or Negative
 Positive – when the condition involves the
performance of an act
 Negative – when the condition involves the
omission of an act.
5. Divisible or Indivisible
 Divisible – when the condition is susceptible of
partial realization
 Indivisible – when the condition is not
susceptible of partial realization
6. Conjunctive or Alternative
 Conjunctive – when there are several
conditions, all of which must be realized
 Alternative – when there are several
conditions, but only one must be realized
7. Express or Implied
 Express – when the condition is stated expressly
 Implied – when the condition is tacit
ARTICLE 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.

 Should the debtor bind himself pay when his

means permit him to do so, the obligation is
one with a period and not subject to a condition
 Since the duration of the period is left to the
discretion of the debtor, it is subject to 1197 or
where the courts shall fix the duration of the
period by which he shall pay the obligation.
Thus in cases falling under this article, creditor
should file an action to fix a period for the
payment of the obligation.

Indications of a term or period:

When the debtor binds himself to pay
 When his means permit him to do so
 Little by little
 As soon as possible
 From time to time
 As soon as I have the money
 In partial payment
 When in the 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 CONSTITUTES THE CONDITION.