CHAPTER 3: DIFFERENT KINDS OF OBLIGATIONS
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 of a Pure Obligation:
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.
Example:
 Pogi promise to deliver his specific to Ganda
 Ganda promise to give pogi 10,000 on demand.
Conditional Obligation
 one whose consequences are subject in one
way or another to the fulfillment of a condition.
 Effectivity is subject to the fulfillment of a
condition.
Example:
Pogi promises to give a car to Ganda if she passes the
board exam.
Condition - a future and uncertain event, upon the
happening of which, the effectivity or extinguishment of
an obligation (or rights) subject to it depends.
Explanation: So may few requisites, futurity and
uncertainty, diba kung saan nakadepende yung birth or
yung death ng obligation. Take note that a condition
may also refer to a past event unknown to the parties.
In future event dapat UNCERTAIN yung happening niya
(walang katiyakan kung mangyayari or hindi). Kapag
past event naman ang importante UNKNOWN TO THE
PARTIES
Bakit nga ba pag future yung condition dapat uncertain?
Kasi kapag certain yan, future and certain (siguradong
mangyayari hindi na yan conditional obligation magiging
obligation with a term or period na siya.
Characteristics:
• Future and Uncertain – future and uncertain
must go together
• Past but unknown – past event unknown to the
parties.
Past event unknown to the parties
What is really contemplated by the law is the
knowledge to be acquired in the future of a past event
which at the moment is unknown to the parties
interested, for it is only in that sense that the event can
be deemed uncertain. This knowledge determines
whether the obligation will arise or not.
Example:
Sean is the owner of a parcel of land which is
being claimed by X. Last week, the Supreme Court has
rendered a final decision upholding the right of Sean.
However, Sean has not yet received the notice that he
had won the case. Now, Sean obliged himself to sell the
land to B for a definite price, should he win the case
against X.
Under the facts, Sean would be bound to sell
the land to B upon receipt of the notice that he had won
the case against X.
Explanation: Now there are actually two principal kinds
of Condition pabalik balik tayo dito mamaya so dapat i-
master na since almost all articles is involved ito.
Suspensive or Resolutory.
Two Principal Kinds of Condition
Suspensive condition
• (Condition precedent/antecedent)
• Fulfillment of the condition will give rise to an
obligation.
• Demandability of the obligation is suspended
until the happening of a future and uncertain
event which constitutes the condition
• The birth, perfection or effectivity of the
contract subject to a condition can take place
only if and when the condition happens or is
fulfilled.
• If the suspensive condition does not take place,
the parties would stand as if the conditional
obligation had never existed.
• There can be no rescission of an obligation that
is still non-existent, the suspensive condition
not having been fulfilled
Explanation:
Kapag suspensive ito yung parang sinususpend ang
effectivity ng obligation hanggang sa mangyari or
maganap yung condition dun na rin yung pagkakaroon
ng bisa or effectivity ng obligation. No fulfillment, No
Obligation. (i.e. I will give you 10,000 pesos if you will
pass the subject) this is suspensive because it suspends
the demandability of the obligation, hanggat hindi mo
pa naipapasa ang subject na to, wala rin akong
obligation na magbayad sayo ng 10,000 pesos, hindi mo
parin pwedeng idemand na magbayad ako sayo ng
10,000 pesos. So ang main point dito is kapag nafulfill
na yung condition which is i.e. yung “if you will pass the
subject” saka lang mag gi-give rise yung obligation (para
siyang birth of the obligation kapag nafulfill yung
condition).
Resolutory Condition
• (Condition subsequent)
• Fulfillment of the condition will extinguish an
obligation already existing
Explanation: Happening ng condition or fulfillment ng
condition extinguishes the obligation (gaya ng sabi ko
kanina which is yung death ng obligation kapag nafulfill
na yung condition) So parang kabaliktaran lang ng
suspensive condition.
The obligation takes effect at once, kaagad may
condition na, but it will terminate (mawawala siya upon
the happening/fulfillment of the event or condition)
Summary: So again, if the suspensive condition is
fulfilled the obligation arises (magkakaroon ng
obligation) while if it is the resolutory condition that is
fulfilled ang obligation ay mawawala it will extinguish
the obligation already existing.
When is an obligation demandable at once?
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)
Distinctions between suspensive and resolutory
conditions.
(1) If the suspensive condition is fulfilled, the obligation
arises, while if it is the resolutory condition that is
fulfilled, the obligation is extinguished;
(2) Until the first takes place, the existence of the
obligation is a mere hope, while in the second, its
effects flow, but over it, hovers the possibility of
termination.
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.
Period – is a future and certain event upon the arrival
of which the obligation subject to it either arises or
extinguished.
Explanation:
Ang sinasabi ng article 1180 pag daw sinabi ni debtor
magbabayad siya when his means permit him to do so
yan daw ay with a period.
The obligation is not conditional but with a period kasi
yun na yung sinasabi ng batas pero actually it’s because
the payment does not depend upon the will of the
debtor it’s only the time, yung oras lang kung kailan ba
ifufulfill yung obligation. It’s not whether or not dapat
ba siyang mag deliver, dapat ba siyan magbayad or
dapat ba siyang mag fulfill ng obligation niya, hindi
ganon kasi kapag ganon it’s considered as conditional
obligation na. Pero dito dapat talaga, he’s bind to
deliver his obligation pero kung kailan yan ang hindi
natin alam.
Explanation ni sir: Kung may debtor daw na nagsabi na
magbabayad siya when his means permits him to do so,
it shall be deemed as one with a period. Bakit? Bakit
hindi siya conditional? Kasi ganito yan, what the law
says is that this debtor will have his means kasi paano
siya kakaain kung di siya magkakaroon ng means so
darating ang time na magkakaroon siya ng means to
pay. The fact remains that the payment is not
dependent on debtor’s will. He indeed promise
payment, and what really depends on him is not the
payment but the time, when the payment is to be
made. Darating at darating yan, certain siya na
magkakaroon ng means to do so. It’s not a question of
if, it’s a question of when. So for example nagkautang
kayo tapos sinabi niyo “babayaran kita kapag nagkapera
na ako” then it’s deemed with a term or period and not
condition.
Where duration of period depends upon the will of
debtor.
1. The debtor promises to pay when his means permit
him to do so
 In this case, what depends upon the debtor’s
will is not whether he should pay or not for
indeed he binds himself to pay.
 What is left only to his will is the duration of the
period.
 If the debtor and the creditor cannot agree as
to the specific time for payment, the court shall
fix the same on the application of either party.
 What really depends on him is not the
obligation but the time.
 It’s a question of when.
2. Other cases – As when the debtor binds himself to
pay:
 Little by little
 As soon as possible
 From time to time
 As soon as I have the money
 At any time I have the money
 In partial payments
 When I am in a 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.
Explanation: This article reiterates ang pagkakaiba sa
pagitan ng suspensive condition at ng isang resolutory
condition.
Effect of happening of condition:
This article reiterates the distinction between a
suspensive (or antecedent) condition and a resolutory
(or subsequent) condition.
1. Acquisition of rights
 In obligations subject to a suspensive condition,
the acquisition of rights by the creditor depends
upon the happening of the event which
constitutes the condition. (so magkakaroon lang
 ng acquisition of rights si creditor once na
nafulfill na ang condition)
 What characterizes this kind of obligation is the
fact of its efficacy or obligatory force (as
distinguished from its demandability) is
subordinated to the happening of a future and
uncertain event;
 so that if the suspensive condition does not take
place, the parties would stand as if the
conditional obligation had never existed
 or before the suspensive condition has taken
place, what is acquired by the creditor is a mere
hope or expectancy of acquiring right.
 Bibigay ko sayo yung kotse ko kapag pumasa ka
sa oblicon sub.
2. Loss of rights already acquired
 In obligations subject to a resolutory condition,
the happening of the event which constitutes
the condition produces extinguishment or loss
of rights already acquired.
 The creditor will enjoy the things he currently
have, and loss his rights kapag nafulfill na ang
condition.
 Bibigay ko sayo tong kotse ko ngayon pero pag
pumasa ka sa oblicon ibabalik mo yung car
Effect of non-compliance with resolutory condition.
 Where a contract is subject to a resolutory
condition, non-compliance with or non-
fulfillment of the condition resolves the
contract by force of law without need of
judicial intervention.
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 PROVISIONS OF THIS CODE.
Explanation: So in this article we will understand
Potestative, Casual and Mixed Obligations.
Classifications of Conditions:
1. As to effect
 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. As to Form
 Express – when the condition is stated
expressly. I will give you 50 sacks of rice if you
pass the oblicon sub (very explicit)
 Implied – when the condition is tacit. I will give
you 50 cavans of rice if you pass my subject (di
mo alam anong sub)
3. As to possibility
 Possible – when the condition is capable of
realization according to nature, law, public
policy or good customs. (it is capable of
fulfillment in nature and in law, most of the
classifications are positive condition)
 Impossible – when the condition is not capable
of realization according to nature, law, public
policy or good customs.
o Explanation: (it is not capable, due to
its nature or due to the operation of law
or morals or public policy (i.e. due to
nature: I will give you this if you give me
the moon, it’s physically impossible)
another is the operation of law: I will
give you 1M if you kill your bestfriend,
it’s impossible by law because there’s a
law prohibiting killing a person.
4. As to cause or origin
 Potestative – when the fulfillment of the
condition depends upon the will of a party to
the obligation. (either debtor or creditor)
 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
5. As to mode
 Positive – when the condition involves the
performance of an act. Act na kailangan mo
ibigay
 Negative – when the condition involves the
omission of an act. Act na kailangan mo i-omit
6. As to number
 Conjunctive – when there are several
conditions, all of which must be realized.
o Explanation: Dapat lahat ng condition
maperform to give rise to the
obligation. For example “If you pass all
of your subjects in your second year
first sem, then I will give you a car” So
wala kang ibang choice need mo ipasa
lahat
 Alternative – when there are several
conditions, but only one must be realized.
o Explanation: Pero kapag alternative,
pwedeng ano lang “If you pass my
subject in your first sem, then I will give
you a card.” So iisa lang ang
cinoconsider mo.
7. As to divisibility
 Divisible – when the condition is susceptible of
partial realization. Capable of partial
performance.
 Indivisible – when the condition is not
susceptible of partial realization.
Meaning of Potestative Condition
A Potestative condition is a condition suspensive in
nature and which depends upon the sole will of one of
the contracting parties. Performance depends
exclusively on the will of one of he parties either debtor
or creditor.
Where suspensive condition depends upon the will of
debtor.
(1) Conditional obligation void.
 Where the Potestative condition depends solely
upon the will of the debtor, the conditional
obligation shall be void because its validity and
compliance is left to the will of the debtor and it
cannot, therefore, be legally demanded.
Examples:
 I will give you 10,000 pesos if I like (pag ganiyan
daw void kasi naman masyadong halata, the
obligation is illusory, para lang kayong
naglolokohan)
 I will pay you after I receive a loan from a bank
 I will pay you after I recover what D owes me
(2) Only the condition void
 If the obligation is a pre-existing one, and,
therefore, does not depend for its existence
upon the fulfillment by the debtor of the
potestative condition, only the condition is void
leaving unaffected the obligation itself. Here,
the condition is imposed not on the birth of the
obligation but on its fulfillment.
 Example: D borrowed P10,000 from C payable
within 2 months. Subsequently, D promised to
pay V “after D sells his car” to which C agreed. In
this case, only the condition is void but not the
pre-existing obligation of D to pay C.
Where suspensive condition depends upon the will of
creditor.
 If the condition depends exclusively upon the
will of the creditor, the obligation is valid.
 Example: I will give you 10,000 pesos if you like
(valid siya kapag Potestative obligation on the
part of the creditor)
 The obligation does not become illusory.
Normally, the creditor is interested in the
fulfillment of the obligation because it is for his
benefit. It is up to him whether to enforce his
right or not.
Where resolutory condition depends upon the will of
the debtor.
 If the condition is resolutory in nature, like the
right to repurchase in a sale with pacto de retro,
the obligation is valid although its fulfillment
depends upon the sole will of the debtor. (So
Potestative + Resolutory ito, valid yung
obligation and only the condition lang ang void,
since the obligation has been rendered
naeenjoy n ani creditor yung fruits of labor ni
debtor)
 The fulfillment of the condition merely causes
the extinguishment or loss of rights already
acquired.
 The debtor is naturally interested in its
fulfillment.
 The position of the debtor when the condition is
resolutory is exactly the same as that of the
creditor when the condition is suspensive.
 A condition which is both potestative (or
facultative) and resolutory may be valid, even
though the condition is left to the will of the
obligor.
Casual Condition
 (1) If the suspensive condition depends upon
chance or upon the will of a third person, the
obligation subject to it is valid.
 Example: I will give you 10,000 pesos if I won in
the lottery tomorrow.
 (2) When the fulfillment of the condition does
not depend on the will of the obligor, but that
on a third person who can in no way be
compelled to carry it out, and it is found by the
court that the obligor has done all in his power
to comply with his obligation, his part of the
contract is deemed complied with and he has a
right to demand performance of the contract by
the other party.
Mixed Condition
 The obligation is valid if the suspensive
condition depends partly upon chance and
partly upon the will of a third person
 Example: Where X, building contractor, obliges
himself in favor of Y, owner 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. Both
conditions must take place in order that X’s
obligation will arise.
Where suspensive condition depends partly upon the
will of debtor.
 According to Manresa, the use of the word
“exclusive” (now “sole”) makes it clear that
conditional obligations whose fulfillment
depends partly upon the will of the debtor and
partly upon the will of a third person, or upon
chance are perfectly valid.
 For example, “I will give you 1M if you marry
Sarrah” So it will not entirely dependent upon
the will of the debtor, mixed siya, Yung will ni
debtor and yung will ng third person which is si
Sarrah.
Summary
 Potestative on debtor + Suspensive = VOID
 Potestative on debtor + Resolutory = Valid (no
harm done since the work has been rendered,
the creditor enjoyed the fruits of his labor)
(there is no damage done)
 Potestative on part of creditor = Valid
 Casual = Valid
 Mixed = Valid
ARTICLE 1183: Impossible conditions, those contrary to
good customs or public policy and those prohibited by
law shall annul the obligation which depends upon
them. If the obligation is divisible, that part thereof
which is not affected by the impossible or unlawful
condition shall be valid.
The condition not to do an impossible thing shall be
considered as not having been agreed upon.
Explanation: Obviously this condition talks about
impossible and illegal conditions, so the three kinds of
Impossible Conditions according to this condition are:
Three kinds of impossible Conditions
 Physically impossible condition
o By nature of things, cannot exist or
cannot be done
 o Ex. Obligation to make the dead man
alive
 Illogical condition
o You draw a circle at the same time a
square
 Legally Impossible Conditions
o When they are contrary to law, morals,
good customs, public order, or public
policy.
o Ex. Condition to kill someone, both the
obligation and condition are void
Effect of Impossible Conditions
1. Conditional obligation void
 Impossible conditions annul the obligation
which depends upon them. Both the obligation
and the condition are void.
 The reason behind the law is that the obligor
knows his obligation cannot be fulfilled. He has
no intention to comply with his obligation.
 In conditional testamentary dispositions and in
simple and remuneratory donations, the rule is
different.
2. Conditional Obligation Valid
If the condition is negative, that is, not to do an
impossible thing, it is to disregard the condition but the
obligation is rendered pure and valid.
The condition not to do an impossible thing shall be
considered as not having been agreed upon.
 Both obligation and condition are valid
 Ex. I will give you 1Million if you cannot make a
dead man alive (okay nay un since di mo naman
na talaga kayang buhayin yung patay na)
3. Only the affected obligation void.
Note: If the obligation is divisible, that part thereof
which is not affected by the impossible or unlawful
condition shall be VALID.
 Ex. I will give you 10,000 if you sell my land and I
will give you a car, if you kill Pedro.
 The obligation to give 10,000 is valid but the
obligation to give a car is VOID because it is
dependent upon an illegal condition.
4. Only the Condition void
If the obligation is a pre-existing obligation, and,
therefore, does not depend upon the fulfillment of the
condition which is impossible, for its existence, only the
condition is void.
Article 1184: The condition that some event happen at
a determinate time shall extinguish the obligation as
soon as the time expires or if it has become
indubitable that the event will not take place
Positive Condition
The above article refers to a positive (suspensive)
condition – the happening of an event at a determinate
time. The obligation is extinguished:
 As soon as the time expires without the event
taking place, or
 As soon as it has become indubitable that the
event will not take place although the time
specified has not yet expired
Example:
X obliges himself to give Y P10,000.00 if Y will marry W
before Y reaches the age of 23.
a) X is liable if Y marries W before he reaches the
age of 23.
b) X is not liable if Y marries W at the age of 23 or
after he reaches the age of 23. In this case, the
time specified, before reaching the age of 23,
has expired without the condition (marrying W)
being fulfilled. The obligation is extinguished as
soon as Y becomes 23years old.
c) If Y dies at the age of 22 without having married
W, the obligation is extinguished because it has
become indubitable that the condition will not
take place. In this case, the obligation of X is
deemed extinguished from the death of Y,
although the time specified (before reaching
the age of 23) has not yet expired.
Article 1185: The condition that some event will not
happen at a determinate time shall render the
obligation effective from the moment the time
indicated has elapsed, or if it has become evident that
the event cannot occur.
If no time has been fixed, the condition shall be
deemed fulfilled at such time as may have probably
been contemplated, bearing in mind the nature of the
obligation
Negative Conditions
The above provision speaks of a negative condition that
an event will not happen at a determinate time. The
obligation shall become effective and binding:
 From the moment the time indicated has
elapsed without the event taking place; or
 From the moment it has become evident that
the event cannot occur, although the time
indicated has not yet elapsed.
If no time is fixed, the circumstances shall be considered
to determine the intention of the parties. This rule may
also be applied to a positive condition.
Example:
X binds himself to give Y P10,000.00 if Y is not yet
married to W on December 30.
a) X is not liable to Y if Y marries W on December
30 or prior thereto.
b) X is liable to Y if on December 30 Y is not
married to W or if Y marries W after December
30. In the latter case, the condition (not
marrying W) is fulfilled upon the expiration of
the time indicated, which is December 30.
c) Suppose W dies on November 20 without
having been married to Y. The obligation is
rendered effective because it is certain that the
condition not to marry W will be fulfilled. In this
case, the obligation Becomes effective from the
moment of W’s death on November 20
although the time indicated (December 30) has
not yet elapsed.
Priest are not prohibited to contract marriage
ARTICLE 1186: The condition shall be deemed fulfilled
when the obligor voluntarily prevents its fulfillment.
(Constructive fulfillment/Presumed Fulfillment)
(pag voluntarily pinigilan ng debtor yung fulfillment ng
condition automatically fulfilled na ang condition)
Constructive fulfillment of suspensive condition.
There are 3 requisites for the application of this article:
1. The condition is suspensive
2. The obligor actually prevents the fulfillment of
the condition
3. He acts voluntarily
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 to the prejudice
of the obligee. In a reciprocal obligation like a contract
of sale, both parties are mutually obligors and also
obligees.
Example:
Pogi promised to give a car to Ganda if she passes the
board exam. But Pogi poisoned Ganda para di siya
matuloy mag exam, therefore, it’s considered na nafulfill
na yung condition since Pogi voluntarily prevents the
fulfillment of the condition kaya need niya parin ibigay
yung car.
If attempt lang to prevent di magaapply tong article na
to
When there’s impossibility to the fulfillment of the
condition, the effect of the prestation to give. Both
obligation are considered VOID
Constructive fulfillment of resolutory condition.
Article 1186 applies also to an obligation subject to a
resolutory condition with respect to the debtor who is
bound to return what he has received upon the
fulfillment of the condition
Example:
X obliges himself to allow Y to occupy the former’s house
in Manila as long as X is assigned by their company in
the province. When Y learned that X would be
transferred to Manila, he was able to induce the
president of the company to assign another person in
place of X.
The obligation of X is extinguished because the
fulfillment of the resolutory condition was voluntarily
prevented by Y. Hence, Y must vacate the house.
ARTICLE 1187: The effects 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 fruits and interests
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 interests 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 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.
Explanation: To simplify this, ganito yan, question: Ano
ang epekto ng fulfillment ng suspensive condition? Alam
na alam niyo na dapat yan, The obligation becomes
effective or the obligation will arise.
Next question: From what day? Ang sabi ng article 1187
it shall retroact to the day of the constitution of the
obligation to better understand this let’s have an
example.
Example:
On January 20, Sean agreed to sell his parcel of land to B
for P100,000.00 should Ben win a case involving the
recovery of another parcel of land. On April 10, Sean
sold his land to Cherry. Ben won the case on December
4.
Before December 4, Ben had no right to demand the
sale of the land by Sean. When the condition, however,
was fulfilled on December 4, it is as if Ben was entitled
to the land beginning January 20. Hence, as between
Ben and Cherry, Ben will have a better right over the
land. (It is required, however, under the Property
Registration Decree [Pres. Decree No. 1529, Sec. 51.],
that the promise of Sean be annotated on the back of
the certificate of title of the property to be binding
against third persons like Cherry.)
If the land was sold by Ben to Den on May 15, Den
would still have a better right as against Cherry since
the sale by Ben will be considered valid.
(so if nafulfill na raw yung condition kunyare ang
obligation is to give a land and yung obligation na yan is
prinomise nung January 20 and then nafulfill lang yung
condition nung December 4, ang mangyayari, yung land
na prinomise sayo nung January 20 sayo na yun from
that day since sabi nga sa article 1187 it shall retroact
to the day of the constitution of the obligation.
Constitution meaning yung birth ng obligation. So bakit
ng aba ito important, so based sa ating example binenta
raw ni Sean yung land kay Cherry nung April 10, which is
may right naman talaga si Sean na ibenta yung land
since asa kaniya pa yung land so siya pa yung may real
right over the land and hindi pa naman nafufulfill ni Ben
yung condition na Manalo sa case nung April 10, since
according nga sa facts nung example, nanalo lang si Ben
sa case nung December 4,
so ito ang question, from December 4 sino na ang mas
may right kay Ben and kay Cherry? Si ben, dahil sakaniya
nakapromise yung land nay un and if stated naman sa
back ng certificate ng title ng lupa na yung land na yun is
nakapromise na kay Ben, then si Ben ang mas may right
pwede niyang kunin kay Cherry yung land, pero kapag
hindi alam, or hindi informed si cherry na yung land pal The debtor may recover what during the same time he
ana yun is nakapromise sa ibang tao, the cherry is a has paid by mistake in case of a suspensive condition.
purchaser in good faith meaning hindi pwedeng kunin
 (PAR 1. Preservation of the right of the
sakaniya ang lupa since hindi niya nga alam na may
Creditor) Rights of Creditor
usapan pala si Ben and si Sean na ganon.
o He may take or bring appropriate
Retroactive effects of fulfillment of suspensive actions for the preservation of his right,
condition as the debtor may render nugatory the
1. In obligation to give obligation upon the happening of the
condition. Thus, he may go to court to
 An obligation to give subject to a suspensive
prevent the alienation or concealment
condition becomes demandable upon the
of the property of the debtor or to have
fulfillment of the condition. However, once the
his right annotated in the registry of
condition is fulfilled, its effects shall retroact to
property.
the day when the obligation was constituted.
o It provides for actions to preserve the
 The reason is because the condition is only an
creditors right, malamang dapat talaga
accidental element of a contract.
otherwise baka pag dating ng panahon
 An obligation can exist without being subject to
nafulfilled ang condition but he will not
a condition. Had the parties known beforehand
receive anything so kailangan niyang i-
that the condition would be fulfilled, they would
preserve, but take note the action is for
have bound themselves under a pure
the preservation of his right, now these
obligation.
includes among others the right to go to
 Hence, the obligation should be considered
court to prevent alienation and
from the time it is constituted and not from the
concealment of the property of the
time the condition is fulfilled
debtor or the right to have it annotated
 It would seem that the rule on retroactivity has
in the registry of property, depende
no application to real contracts as they are
kung ano yung situation or yung
perfected only by delivery of the object of the
obligation)
obligation.
 (Par 2. The right of the debtor to recover what
2. In obligations to do or not to do
was paid by mistake) Rights of Debtor
 With respect to the retractive effect of the
o To prevent unjust enrichment
fulfillment of a suspensive condition in
o He is entitled to recover what he has
obligations to do or not to do, no fixed rule is
provided. paid by mistake prior to the happening
of the suspensive condition. This right is
 This does not mean, however, that in these
granted to the debtor because the
obligations the principle of retroactivity is not
creditor may or may not be able to
applicable.
fulfill the condition imposed and hence,
 The courts are empowered by the use of sound
it is not certain that the obligation will
discretion and bearing in mind the intent of the
arise. This is a case of solutio indebiti
parties, to determine, in each case the
which is based on the principle that no
retroactive effect of the suspensive condition
one shall enrich himself at the expense
that has been complied with.
of another
 It includes the power to decide that the
fulfillment of the condition shall have no
ARTICLE 1189: When the conditions have been
retroactive effect or from what date such
imposed with the intention of suspending the efficacy
retroactive effect shall be reckoned.
of an obligation to give, the following rules shall be
observed in case of the improvement, loss or
(Retroactive effect as to the Fruits and Interest)
deterioration of the thing during the pendency of the
condition:
Reciprocal – mutually compensated (Hindi kailangan
ibigay ni debtor ang fruits na nag accrue during the
(1) If the thing is lost without the fault of the debtor,
dependency of the obligation same din kay creditor di
the obligation shall be extinguished;
niya need ibigay interest ng pera niya na ibabayad niya
dapat) Reciprocal obligation- walang kailangan gawin or
(2) If the thing is lost through the fault of the debtor,
ibalik exception lang pag nag agree both parties
he shall be obliged to pay damages; it is understood
that the thing is lost when it perishes, or goes out of
Unilateral – usually no retroactive effect because they
commerce, or disappears in such a way that its
are gratuitous. The debtor receives nothing from the
existence is unknown or it cannot be recovered;
creditor.
(3) When the thing deteriorates without the fault of
ARTICLE 1188:
the debtor, the impairment is to be borne by the
The creditor may, before the fulfillment of the
creditor;
condition, bring the appropriate actions for the
preservation of his right.
(4) If it deteriorates through the fault of the debtor,
the creditor may choose between the rescission of the
obligation and its fulfillment, with indemnity for
damages in either case;
(5) If the thing is improved by its nature, or by time,
the improvement shall inure to the benefit of the
creditor;
(6) If it is improved at the expense of the debtor, he
shall have no other right than that granted to the
usufructuary.
Deals with scenarios in which a thing is either loss,
deteriorated or improved.
Article 1189 applies only if:
 The obligation is a real obligation
 The object is a specific or determinate thing
 The obligation is subject to a suspensive
condition
 The condition is fulfilled
 There is loss, deterioration, or improvement of
the thing during the pendency of the condition.
Kind of loss:
(1) Physical loss – when a thing perishes as when a
house is burned and reduced to ashes.
(2) Legal loss – when a thing goes out of commerce
(e.g. when it is expropriated) or when a thing
heretofore legal becomes illegal (e.g. during the
Japanese occupation, American dollars had
become impossible since their use was
forbidden by the belligerent occupant)
(3) Civil Loss – when a thing disappears in such a
way that its existence is unknown (e.g. a
particular dog has been missing for sometime),
or even if known, it cannot be recovered,
whether as a matter of fact (e.g. a particular
ring is dropped from a ship at sea) or of law
(e.g. a property is lost through prescription).
Rules in case of loss, deterioration, or improvement of
thing during pendency of suspensive condition.
(1) Loss of thing without the debtor’s fault
Example:
X obliged himself to give Y his car worth P100,000 if Y
will sell X’s property. The car was lost without the fault
of X.
The obligation is extinguished and X is not liable to Y
even if Y sells the property. A person, as a general rule,
is not liable for a fortuitous event.
(1) If the thing is lost without the fault of the debtor,
the obligation shall be extinguished
Supposed I will give 10,000 to Anna and it was lost
without my fault because it was robbed, despite having
security guards and putting it in a safe. Is my obligation
to give 10,000 to Anna extinguished? No, because
money is generic, and a generic thing never perishes so I
am still obliged to give 10,000 to Anna. (Generic thing is
a class or species that is unsegregated, undivided and
without any particularity. Generic thing never perishes,
therefore it can never be extinguished)
The debtor is not in the fault if the debtor performs the
necessary diligence required with that kind of
obligation, or ordinary diligence (diligence of a good
father of a family) So if the debtor failed to exercise that
ordinary diligence then it he will be at fault
(2) Loss of thing through debtor’s fault.
Example:
In the same example, if the loss occurred because of the
negligence of X, Y will be entitled to demand damages,
i.e., P100,000 plus incidental damages, if any.
(2) If the thing is lost through the fault of the debtor,
he shall be obliged to pay damages; it is understood
that the thing is lost when it perishes, or goes out of
commerce, or disappears in such a way that its
existence is unknown or it cannot be recovered;
So if the debtor failed to exercise that ordinary diligence
then it he will be at fault:
So what will happen if the debtor is at fault when the
thing was lost?
- He shall be obliged to pay damages.
Can the creditor compel the debtor for specific
performance for the thing that was lost, with respect to
Art. 1189? No, because 1189 refers to specific things
and the characteristics of a specific thing is that it
cannot be substituted. So, if the thing was lost, you as
the creditor cannot compel for specific performance for
the delivery of the thing since nawala na nga eh. Always
remember that when the specific thing was lost the only
remedy left to the creditor is to ask for the payment of
damages.
(3) Deterioration of thing without the debtor’s fault –
A thing deteriorates when its value is reduced or
impaired with or without the fault of the debtor.
Example:
If the car figured in an accident, as a result of which its
windshield was broken an some of its paints were
scratched away without the fault of X, thereby reducing
its value to P90,000, Y will have to suffer the
deterioration or impairment in the amount of P10,000
(3) When the thing deteriorates without the fault of
the debtor, the impairment is to be borne by the
creditor;
Deterioration is also known as partial loss for example
yung car, nasira, kinalawang, nabasag yung windshield,
natanggalan ng side mirror or nawalan ng gulong.
Pag walang fault si debtor tapos partial loss
(deterioration) si creditor ang magsusuffer.
(4) Deterioration of thing through debtor’s fault
Example:
In this case, B may choose between:
a) Rescission (or cancellation) of the obligation
with damages [in this case, X is liable to pay Y
P100,000, the value of the car before its
deterioration plus incidental damages]
 b) Fulfillment of the obligation with damages [In
this case, X is bound to Y to give the car and pay
P10,000 plus incidental damages
(4) If it deteriorates through the fault of the debtor,
the creditor may choose between the rescission of the
obligation and its fulfillment, with indemnity for
damages in either case
(5) Improvement of thing by nature or by time – a
thing is improved when its value is increased or
enhanced by nature or by time or at the expense of the
debtor or creditor.
Example:
Suppose the market value of the car increased, who
gets the benefit?
The improvement shall inure to the benefit of Y. In as
much as Y would suffer in case of deterioration of the
car through a fortuitous event, it is but fair that he
should be compensated in case of improvement of the
car instead.
(5) If the thing is improved by its nature, or by time,
the improvement shall inure to the benefit of the
creditor
(6) Improvement of thing at expense of debtor.
Example:
During the pendency of the condition, X had the car
painted and its seat cover changed at his expense.
In this case, X will have the right granted to a
usufructuary with respect to improvements made on
the thing held in usufruct.
Usufruct – is the right to enjoy the use of fruits of a
thing belonging to another
(6) If it is improved at the expense of the debtor, he
shall have no other right than that granted to the
usufructuary.
If the debtor installed several rare parts, in short debtor
ang nag improve. What would happen? Walang
Karapatan yung debtor over the improvements, hindi
niya pwedeng tanggalin, he’s only granted the
usufructuary (pinapagamit mo sa iba yung gamit mo or
enjoyment of using other people’s property)
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 received.
In case of 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 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.
Effects of fulfillment of Resolutory condition.
(1) In obligations to give – When the resolutory
condition in an obligation to give is fulfilled, the
obligation is extinguished and the parties are
obliged to return to each other what they have
received under the obligation.
a. There is a return to the status quo. In
other words, the effect of the
fulfillment of the condition is
retroactive.
b. In case the thing to be returned is
legally in the possession of a third
person who did not act in bad faith, the
remedy of the party entitled to
restitution is against the other.
c. The obligation of mutual restitution is
absolute. It applies not only to the thing
received but also to the fruits and
interests.
d. In obligations to give subject to a
suspensive condition, the retroactivity
admits exceptions according as the
obligation is bilateral or unilateral.
The reason for the difference is quite plain. The
happening of the suspensive condition gives birth to the
obligation. On the other hand, the fulfillment of the
resolutory condition produces the extinguishment of
the obligation as though it has never existed. The only
possible exception is when the intention of the parties is
otherwise.
EXAMPLE:
D obliges himself to allow C to use the former’s car until
D returns from the province. Upon the return of D from
the province, C must give back the car.
The effect of the happening of the condition is to annul
the obligation as if it had never been constituted at all.
In this case, the parties intend the return of the car.
(2) In obligations to do or not to do. — In some
obligations, the courts shall determine the
retroactive effect of the fulfillment of the
resolutory condition (par. 2.) as in the case
where the condition is suspensive. (Art. 1187,
par. 2.) The courts in the exercise of discretion
may even disallow retroactivity taking into
account the circumstances of each case.
Applicability of Article 1189 to party with obligation to
return.
In the example above, D is the debtor and C, the
creditor, pending fulfillment of the resolutory condition
— the return of D from the province. Upon the
happening of the condition. D becomes the creditor
with a right to demand the return of the car and C, the
debtor, with the obligation to return the car.
Stated in another way, the happening of a resolutory
condition has the same effect on the creditor as the
suspensive condition has, on the debtor — an obligation
arises. The fulfillment of the resolutory condition
converts the creditor into debtor, and the debtor into
creditor. Hence, the applicability of the provisions of
Article 1189 in case of loss, deterioration, or
improvement of the thing; and pending the fulfillment
of the condition, the parties are entitled to the rights
granted by Article 1188.
I’ll give you my car, and you’ll give me wifi if you
graduate. In resolutory kapag nafulfill na yung condition
mag rereturn na ng mga gamit.
I’ll give you my car if you give me your phone if you pass
the oblicon exam. Supposed that you passed the oblicon
sub what would happen? Nothing, because it’s a
suspensive condition and not a resolutory condition, it’s
not subject to Article 1190.
PAR 2. (preceding article)
Supposed that Ronielyn, a serial gambler, we entered
into an obligation, that I will give her a land now
provided that she will not go to any casino or gambling
station. After a month, pumasyal siya sa casino. Yan ba
ay extinguishing the obligation. Maeextinguish yung
obligation and ibabalik yung land. Can she claim that
she’s the owner of the land for that month na tumira
siya doon.
Habang nakatira siya doon, inani niya yung mga prutas
at gulay na andoon, amounting to 5,000 pesos. With the
obligation extinguished, what will happen to the fruits?
When the obligation is extinguished, due to the
happening of the event, the fruits and interest will go
back to the creditor, why? Because as if there’s no
obligation that took place. Kung walang obligation then
that earnings sana will go to the creditor’s income, so
the debtor have to return it.
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.
Power to rescind the obligation
Kinds of obligation according to the person obliged.
They are:
(1) Unilateral. — when only one party is obliged to
comply with a prestation.
EXAMPLES: Donation; In a contract of loan, the lender
has the obligation to give. After the lender has complied
with his obligation, the debtor has the obligation to pay.
(2) Bilateral. — when both parties are mutually bound
to each other. In other words, both parties are debtors
and creditors of each other. Bilateral obligations may be
reciprocal or non-reciprocal.
(a) Reciprocal obligations are those which arise from the
same cause and in which each party is a debtor and
creditor of the other, such that the performance of one
is designed to be the equivalent and the condition for
the performance of the other. The general rule is that
they are to be performed simultaneously or at the same
time such that each party may treat the fulfillment of
what is incumbent upon the other as a suspensive
condition to his obligation (see Art. 1169, last par.), and
its non-fulfillment, as a tacit or implied resolutory
condition, giving him the right to demand the rescission
of the contract, i.e., it may be exercised even if it is not
provided in the agreement of the parties.
EXAMPLE: In a contract of sale in the absence of any
stipulation, the delivery of the thing sold by the seller is
conditioned upon the simultaneous payment of the
purchase price by the buyer, and vice versa.
The seller is the creditor as to the price and debtor as to
the thing, while the buyer is the creditor as to the thing
and debtor as to the price.
(b) Non-reciprocal obligations are those which do not
impose simultaneous and correlative performance on
both parties. In other words, the performance of one
party is not dependent upon the simultaneous
performance by the other
EXAMPLES:
(1) D borrowed from C P50,000.00. C, on the other
hand, borrowed D’s car. The performance by D of his
obligation to C is not conditioned upon the performance
by C of his obligation and vice versa.
Although D and C are debtors and creditors of each
other, their obligations are not reciprocal. The
obligation of D arises from the contract of loan, while
that of C, from the contract of commodatum. The
obligations are not dependent upon each other and are
not simultaneous. Article 1191 applies only if the
reciprocity arises from the same cause.
(2) The contract between S and B states: “In the event S
exercises the right to repurchase [land sold by S to B] x x
x and becomes the owner of the premises, he shall be
obliged to give B the right of lease and execute a lease
contract.”
Here, no reciprocal obligation is created
between them for B to reconvey the premises and for S
to lease them to B. There are two separate and distinct
obligations, each independent of the other. The
obligation of B to reconvey is not dependent on the
obligation of S to lease. The obligation of S is not an
essential part of the contract.
 In other words, the obligation of S to lease the
property to B arises only after B had reconveyed the
same to S.
Remedies in reciprocal obligations.
Article 1191 is the general provision on
rescission of reciprocal obligations. It speaks of the right
of the “injured party’’ to choose between rescission or
fulfillment of the obligation, with the right to claim
damages in either case. It governs where there is non-
compliance by one of the contracting parties in case of
reciprocal obligations.
The remedy granted is predicated on a breach
of obligation by the other party that violates the
reciprocity between them. The breach contemplated is
the obligor’s failure to comply with an existing
obligation, not a failure of a condition to render binding
that obligation.
Choice of remedy by injured party
In case one of the obligors does not comply with
what is incumbent upon him, the injured or aggrieved
party may choose between two remedies:
(1) action for specific performance (fulfillment) of
the obligation with damages; or
(2) action for rescission of the obligation also with
damages.
EXAMPLE:
In a contract of sale of a car between S and B, it
was agreed that S, the owner, would deliver the car and
the necessary document duly signed by him to B at the
house of C on December 1, and B would deliver the
payment at the same place and on the same date.
If S does not comply with his obligation.
(a) B may, in an action for specific performance,
demand the delivery of the car with damages; or
(b) B may demand from the court the rescission of the
contract also with damages.
When a party demands rescission in reciprocal
obligations he, in effect, treats the non-fulfillment by
the other party of his obligation as a resolutory
condition.
Court may grant guilty party term for performance.
The court shall decree the rescission claimed unless
there should be just cause for granting the party in
default a term for the performance of his obligation.
(par. 3.)
Obviously, this exception applies only where the guilty
party is willing to comply with his obligation but needs
time to do so and not where he refuses to perform.
Remedies are alternative.
The remedies of the injured or aggrieved party are
alternative and not cumulative, that is, he is privileged
to choose only one of the remedies, and not both,
subject only to the exception in paragraph 2, to wit: he
may also seek rescission even after he has chosen
fulfillment if the latter should become impossible. But
after choosing rescission of the obligation, he cannot
thereafter demand its compliance, nor seek partial
fulfillment under the guise of recovering damages.
While the right of choice remains with the plaintiff, an
alternative prayer in the complaint for fulfillment or
rescission is permissible in the discretion of the court
for in such case it cannot be said that the plaintiff is
availing of both remedies.
Example: In the preceding example, B may not choose
both fulfillment and rescission, he may not
subsequently ask for fulfillment and if he has selected to
enforce compliance with the contract, he may not later
seek rescission.
However, if fulfillment becomes impossible because the
car was lost or destroyed through the fault of S, B is
allowed to convert his action into that of rescission.
Limitations on right to demand rescission.
The right to rescind by the injured party (the one who
has performed what is incumbent upon him) is not
absolute. It is always provisional, i.e., contestable and
subject to scrutiny and review by the courts.
(1) Resort to the courts. — The rescission contemplated
by Article 1191 is a judicial rescission. (par. 3.) The
injured party has to resort to the courts to assert his
rights judicially (e.g., to recover what he has delivered
under the contract) for the same article provides
that . . . “the court shall decree the rescission
demanded, unless there be just cause authorizing the fi
xing of a period.” No person can take justice in his own
hands and decide by himself what are his rights in the
matter. The other party must be given an opportunity to
be heard.
(2) Power of court to fi x period. — The court has
discretionary power to allow a period within which a
person in default may be permitted to perform his
obligation if there is a just cause for giving time to the
debtor, as where the default incurred was not willful or
could be excused in view of the surrounding
circumstances.
(3) Right of third persons. — Rescission creates the
obligation of mutual restitution. However, if the thing,
subject matter of the obligation, is in the hands of a
third person who acted in good faith, rescission is not
available as a remedy.
(4) Slight or substantial violation. — The general rule is
that rescission will not be granted for slight or casual
breaches of contract. The violation should be
substantial and fundamental as to defeat the object of
the parties in making the agreement. Thus, in a case, it
was held that delays on four (4) occasions in the
payment of rentals for a few days substantial violations
in a contract of lease to justify rescission because the
law is not concerned with trifles.
(5) Waiver of right. — The right to rescind may be
waived, expressly or impliedly. Thus, the acceptance by
the seller of the land sold as security for the balance of
the price is an implied waiver of the right to rescind in
case of non-payment by the buyer. His remedy is to
recover the balance.
Rescission of contract without previous judicial decree.
(1) Where automatic rescission expressly stipulated. —
The parties, may validly enter into an agreement that
violation of the terms of the contract would cause
cancellation thereof even without judicial intervention
or permission or termination. This stipulation is in the
nature of a resolutory condition. Where the contract
itself contains such a stipulation the right to rescind is
not “implied” but expressly recognized. Hence, Article
1191 is not applicable
(2) Where contract still executory. — In the absence of
stipulation to the contrary, the right to rescind a
contract must be invoked judicially; it cannot be
exercised solely on a party’s own judgment that the
other has committed a breach of the obligation.
However, although there is no performance yet by both
parties, but one is ready and willing to comply with
what is incumbent upon him, and the other is not (see
Art. 1169, last par.), the willing party may, by his own
declaration, rescind the contract without a previous
judicial decree of rescission. In such case, it is not
necessary that there be a stipulation providing for
automatic rescission.
In any case, where the extrajudicial rescission is
contested by the other party, he is free to resort to
judicial action, and only the final decision of the court
can finally settle whether the rescission was proper or
not.
Reciprocal obligation - obligations that have two parties
being mutually compensated. (i.e. deed of sale: the
other person promised to give you 1M, and then you
promised that person that you will give the item so it’s a
two way)
Unilateral Obligation - are like deed of donation, the
donor has the obligation to give you the property but
you as the do-nee do not have any obligations to the
donor.
Question: Si Anna umutang siya kay Jack ng 5k,
kinabukasan umutang naman si Jack kay Anna ng 5k.
Can we call it a reciprocal obligation? No, because it’s
not reciprocal, remember that a reciprocal obligation
must come from a single event, dapat isa lang yung
usapan, they are mutually obliged to one another but
their obligation is not reciprocal.
The power to rescind obligations are implied to
reciprocal ones, in case one of the obligor do not
comply then you have the right to rescind. (I.e. deed of
sale, ready na ako ibigay yung car pero hindi pa ready
magpay yung other party, so as the injured one I have
the right to rescind the obligation plus ask for the
payment of damages.
The injured party has 2 option:
 Demand specific performance plus damages
 Rescission plus 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.
Where both parties guilty of breach. The above article
contemplates two situations.
(1) First infractor known. — One party violated his
obligation; subsequently, the other also violated
his part of the obligation. In this case, the
liability of the first infractor should be equitably
reduced.
(2) First infractor cannot be determined. — One
party violated his obligation followed by the
other, but it cannot be determined which of
them was the first infractor. The rule is that the
contract shall be deemed extinguished and each
shall bear his own damages. In effect, the court
shall not provide remedy to either of the
parties, who must suffer the damages allegedly
sustained by them.
“The above rules are deemed just. The first one is fair to
both parties because the second infractor also derived,
or thought he would derive, some advantage by his own
act or neglect. The second rule is likewise just because it
is presumed that both at about the same time tried to
reap some benefit.”
Liability ng first infractor will be reduced or equitably
tempered by the court ibig sabihin titimbangin ng court
kung ano yung makatarungan kasi kung hindi nagviolate
yung isang party and isa lang yung violator ang dami ng
pwedeng remedyo, damages, rescission, specific
performance with damages. Eh kaso nagviolate rin yung
isa edi ang remedy is magbabalance ang court kung ano
yung tama na maging penalty ng first infractor, incase
however that the first infractor cannot be identified the
obligation will be extinguished and each of them will
bear their own damages (for example: Nag infract ako
and nag infract din siya and di alam kung sino nauna
then you will bear your own damages paano kung yung
damage ko 5,000 tapos yung damage niya 1M, each
parties would still bear their own damages, even if it’s
unfair.