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 ondition) 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
ana yun is nakapromise sa ibang tao, the cherry is a
purchaser in good faith meaning hindi pwedeng kunin
sakaniya ang lupa since hindi niya nga alam na may
usapan pala si Ben and si Sean na ganon.
dapat) Reciprocal obligation- walang kailangan gawin or
ibalik exception lang pag nag agree both parties
Unilateral – usually no retroactive effect because they
are gratuitous. The debtor receives nothing from the
creditor.
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 he
has paid by mistake in case of a suspensive condition.

 (PAR 1. Preservation of the right of the

Creditor) Rights of Creditor
Retroactive effects of fulfillment of suspensive
o He may take or bring appropriate
condition
actions for the preservation of his right,
1. In obligation to give
as the debtor may render nugatory the
 An obligation to give subject to a suspensive
obligation upon the happening of the
condition becomes demandable upon the
condition. Thus, he may go to court to
fulfillment of the condition. However, once the
prevent the alienation or concealment
condition is fulfilled, its effects shall retroact to
of the property of the debtor or to have
the day when the obligation was constituted.
his right annotated in the registry of
 The reason is because the condition is only an
property.
accidental element of a contract.
o It provides for actions to preserve the
 An obligation can exist without being subject to
creditors right, malamang dapat talaga
a condition. Had the parties known beforehand
otherwise baka pag dating ng panahon
that the condition would be fulfilled, they would
nafulfilled ang condition but he will not
have bound themselves under a pure
receive anything so kailangan niyang i-
obligation.
preserve, but take note the action is for
 Hence, the obligation should be considered
the preservation of his right, now these
from the time it is constituted and not from the
includes among others the right to go to
time the condition is fulfilled
court to prevent alienation and
 It would seem that the rule on retroactivity has
concealment of the property of the
no application to real contracts as they are
debtor or the right to have it annotated
perfected only by delivery of the object of the
in the registry of property, depende
obligation.
kung ano yung situation or yung
2. In obligations to do or not to do
obligation)
 With respect to the retractive effect of the
 (Par 2. The right of the debtor to recover what
fulfillment of a suspensive condition in
was paid by mistake) Rights of Debtor
obligations to do or not to do, no fixed rule is
o To prevent unjust enrichment
provided.
o He is entitled to recover what he has
 This does not mean, however, that in these
paid by mistake prior to the happening
obligations the principle of retroactivity is not
of the suspensive condition. This right is
applicable.
granted to the debtor because the
 The courts are empowered by the use of sound
creditor may or may not be able to
discretion and bearing in mind the intent of the
fulfill the condition imposed and hence,
parties, to determine, in each case the
it is not certain that the obligation will
retroactive effect of the suspensive condition
arise. This is a case of solutio indebiti
that has been complied with.
which is based on the principle that no
 It includes the power to decide that the
one shall enrich himself at the expense
fulfillment of the condition shall have no
of another
retroactive effect or from what date such
retroactive effect shall be reckoned.

(Retroactive effect as to the Fruits and Interest)

Reciprocal – mutually compensated (Hindi kailangan

ibigay ni debtor ang fruits na nag accrue during the
dependency of the obligation same din kay creditor di
niya need ibigay interest ng pera niya na ibabayad niya