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.
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.
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
Resolutory Condition
• (Condition subsequent)
• Fulfillment of the condition will extinguish an
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.
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.
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.
 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.
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.
 Implied – when the condition is tacit.
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.
4. As to cause or origin
 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
5. As to mode
 Positive – when the condition involves the
performance of an act.
 Negative – when the condition involves the
omission of an act.
6. As to number
 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. 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  (1) If the suspensive condition depends upon
A Potestative condition is a condition suspensive in chance or upon the will of a third person, the
nature and which depends upon the sole will of one of obligation subject to it is valid.
the contracting parties. Performance depends  Example: I will give you 10,000 pesos if I won in
exclusively on the will of one of he parties either debtor the lottery tomorrow.
or creditor.  (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
Where suspensive condition depends upon the will of
compelled to carry it out, and it is found by the
debtor.
court that the obligor has done all in his power
(1) Conditional obligation void.
to comply with his obligation, his part of the
 Where the Potestative condition depends solely
contract is deemed complied with and he has a
upon the will of the debtor, the conditional
right to demand performance of the contract by
obligation shall be void because its validity and
the other party.
compliance is left to the will of the debtor and it
cannot, therefore, be legally demanded.
Mixed Condition
Examples:
 The obligation is valid if the suspensive
 I will give you 10,000 pesos if I like
condition depends partly upon chance and
 I will pay you after I receive a loan from a bank
partly upon the will of a third person
 I will pay you after I recover what D owes me
 Example: Where X, building contractor, obliges
himself in favor of Y, owner to repair at X’s
(2) Only the condition void
expense, any damage to the building taking
 If the obligation is a pre-existing one, and,
place after an earthquake if found by a panel of
therefore, does not depend for its existence
arbitrators that construction defects
upon the fulfillment by the debtor of the
contributed in any way to the damage. Both
potestative condition, only the condition is void
conditions must take place in order that X’s
leaving unaffected the obligation itself. Here,
obligation will arise.
the condition is imposed not on the birth of the
obligation but on its fulfillment.
Where suspensive condition depends partly upon the
 Example: D borrowed P10,000 from C payable
will of debtor.
within 2 months. Subsequently, D promised to
 According to Manresa, the use of the word
pay V “after D sells his car” to which C agreed.
“exclusive” (now “sole”) makes it clear that
In this case, only the condition is void but not
conditional obligations whose fulfillment
the pre-existing obligation of D to pay C.
depends partly upon the will of the debtor and
partly upon the will of a third person, or upon
Where suspensive condition depends upon the will of
chance are perfectly valid.
creditor.
 For example, “I will give you 1M if you marry
 If the condition depends exclusively upon the
Sarrah”
will of the creditor, the obligation is valid.
Summary
 Example: I will give you 10,000 pesos if you like
 Potestative on debtor + Suspensive = VOID
 The obligation does not become illusory.
 Potestative on debtor + Resolutory = Valid (no
Normally, the creditor is interested in the
harm done since the work has been rendered,
fulfillment of the obligation because it is for his
the creditor enjoyed the fruits of his labor)
benefit. It is up to him whether to enforce his
(there is no damage done)
right or not.
 Potestative on part of creditor = Valid
 Casual = Valid
Where resolutory condition depends upon the will of
 Mixed = Valid
the debtor.
 If the condition is resolutory in nature, like the
right to repurchase in a sale with pacto de retro,
ARTICLE 1183: Impossible conditions, those contrary to
the obligation is valid although its fulfillment
good customs or public policy and those prohibited by
depends upon the sole will of the debtor.
law shall annul the obligation which depends upon
 The fulfillment of the condition merely causes
them. If the obligation is divisible, that part thereof
the extinguishment or loss of rights already
which is not affected by the impossible or unlawful
acquired.
condition shall be valid.
 The debtor is naturally interested in its
fulfillment.
The condition not to do an impossible thing shall be
 The position of the debtor when the condition is
considered as not having been agreed upon.
resolutory is exactly the same as that of the
Three kinds of impossible Conditions
creditor when the condition is suspensive.
 Physically impossible condition
 A condition which is both potestative (or
o By nature of things, cannot exist or
facultative) and resolutory may be valid, even
though the condition is left to the will of the cannot be done
obligor. o Ex. Obligation to make the dead man
alive
Casual Condition  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
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)
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.
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.
Retroactive effects of fulfillment of suspensive
condition
1. In obligation to give
 An obligation to give subject to a suspensive
condition becomes demandable upon the
fulfillment of the condition. However, once the
condition is fulfilled, its effects shall retroact to
the day when the obligation was constituted.
 The reason is because the condition is only an
accidental element of a contract.
 An obligation can exist without being subject to
a condition. Had the parties known beforehand
that the condition would be fulfilled, they would
have bound themselves under a pure
obligation.
 Hence, the obligation should be considered
from the time it is constituted and not from the
time the condition is fulfilled
 It would seem that the rule on retroactivity has
no application to real contracts as they are
perfected only by delivery of the object of the
obligation.
2. In obligations to do or not to do
 With respect to the retractive effect of the
fulfillment of a suspensive condition in
obligations to do or not to do, no fixed rule is
provided.
 This does not mean, however, that in these
obligations the principle of retroactivity is not
applicable.
 The courts are empowered by the use of sound
discretion and bearing in mind the intent of the
parties, to determine, in each case the
retroactive effect of the suspensive condition
that has been complied with.
 It includes the power to decide that the
fulfillment of the condition shall have no
 retroactive effect or from what date such (4) If it deteriorates through the fault of the debtor, the
retroactive effect shall be reckoned. creditor may choose between the rescission of the
obligation and its fulfillment, with indemnity for
(Retroactive effect as to the Fruits and Interest) damages in either case;

Reciprocal – mutually compensated
Unilateral – usually no retroactive effect because they
are gratuitous. The debtor receives nothing from the
creditor.
(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.

Requisites:
ARTICLE 1188:
1. The suspensive condition is fulfilled
The creditor may, before the fulfillment of the
2. The object is specific/determinate thing not generic
condition, bring the appropriate actions for the
3. The obligation is a real obligation
preservation of his right.
4. There is loss, deterioration, or improvement of the
thing during the pendency of the happening on one
The debtor may recover what during the same time he
condition.
has paid by mistake in case of a suspensive condition.

 (PAR 1. Preservation of the right of the

Creditor) Rights of Creditor
o He may take or bring appropriate ARTICLE 1190
actions for the preservation of his right,  (Effect of Extinguishment)
as the debtor may render nugatory the  (Effects of fulfillment of resolutory condition)
obligation upon the happening of the
condition. Thus, he may go to court to ARTICLE 1191
prevent the alienation or concealment  (Right to Rescind/cancel)
of the property of the debtor or to have
his right annotated in the registry of ARTICLE 1192
property.  (lumabag sa contract)
 (Par 2. The right of the debtor to recover what  (Par. 1 First Infractor is known, alam kung sino
was paid by mistake) Rights of Debtor ang naunang lumabag sa obligation)
o To prevent unjust enrichment  (Par 2. Hindi alam sino unang lumabag kaya
o He is entitled to recover what he has each shall bear his own damages)
paid by mistake prior to the happening
of the suspensive condition. This right is ARTICLE 1193
granted to the debtor because the
creditor may or may not be able to
fulfill the condition imposed and hence, ARTICLE 1194
it is not certain that the obligation will
arise. This is a case of solutio indebiti ARTICLE 1195
which is based on the principle that no
one shall enrich himself at the expense ARTICLE 1196
of another
ARTICLE 1197
ARTICLE 1189: (Loss, Deterioration, Improvement)
ARTICLE 1198
When the conditions have been imposed with the
intention of suspending the efficacy of an obligation to ARTICLE 1199
give, the following rules shall be observed in case of the
improvement, loss or deterioration of the thing during ARTICLE 1200
the pendency of the condition:
ARTICLE 1201
(1) If the thing is lost without the fault of the debtor, the
obligation shall be extinguished; ARTICLE 1203

(2) If the thing is lost through the fault of the debtor, he ARTICLE 1204
shall be obliged to pay damages; it is understood that
the thing is lost when it perishes, or goes out of ARTICLE 1205
commerce, or disappears in such a way that its
existence is unknown or it cannot be recovered; ARTICLE 1206

(3) When the thing deteriorates without the fault of the ARTICLE 1207
debtor, the impairment is to be borne by the creditor;
ARTICLE 1208
ARTICLE 1209

ARTICLE 1210

ARTICLE 1211

ARTICLE 1212

ARTICLE 1213

ARTICLE 1214

ARTICLE 1215

ARTICLE 1216

ARTICLE 1217

ARTICLE 1218

ARTICLE 1219

ARTICLE 1220

ARTICLE 1221

ARTICLE 1222

ARTICLE 1223

ARTICLE 1224

ARTICLE 1225

ARTICLE 1226

ARTICLE 1227

ARTICLE 1228

ARTICLE 1229

ARTICLE 1230