Chapter

Pure and Conditional

3
Obligation

 Article 1179. Every obligation

whose performance does not
depend upon a future or uncertain
event, or upon a past event
unknown to this parties, is
demandable at once.
Every obligation contain a
resolutory condition shall also be
demandable, without prejudice to the
effects of the happening of the
event. (1113)

Pure
Obligation

 No condition
No date
It is immediately
demandable

Conditiona
l
Obligation

Condition
Future and Uncertain
even
Depends on the
Effectivity
Depends on the
Extinguishment

Conditional Obligation
Is one whose
consequences are subject
in one way or another to
the fulfillment of a
condition.

Characteristics of a
Condition
Future and Uncertain- it is
not enough that it is future, it must
also be uncertain

Past but unknown- a

condition may refer to past event
unknown to the parties, if it refers
to a future event, its occurrence
must be uncertain

Two principal
kinds of
CONDITION
Suspensive
condition
Resolutory
condition

Suspensive condition
Will give rise to an
obligation
The demandability of
the obligation is
suspended

Resolutory condition

Condition
Subsequent
Will extinguish an
obligation

Obligation is
demandable at
once- When it is pure (Art. 1179)
When it is subject to a
resolutory condition
When it is subject to a
resolutory period.

Distinctions
Suspensive condition is rising
of obligation, resolutory
condition extinguish an
obligation.

 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. (n)

PERIOD
A period is a future and
certain event upon the
arrival of which the
obligation subject to it
either arises or is
extinGuished.

Where
duration
depends upon
the will of the
debtor

(1.)The debtor promises to pay

when his means permit him to
do so.
(2.) Other cases as when the
debtor binds himself to pay:
(a) little by little
(b) as soon as possible
(c) from time to time
(d) at any time I have the
money
(e) in partial payments
(f) when I am in a position

 Article 1181. In conditional

obligations, the acquisition of
rights, as well as the
extinguishment or loss of those
already acquired, shall depends
upon the happening of the event
which constitutes the condition.
(1114)

EFFECT OF
HAPPENING OF
CONDITION

1.Acquisition of rights
In suspensive condition, the
acquisition of rights by the creditor
depends upon the happening of the
event which constitutes the condition.
This kind of obligation characterizes
the fact that its efficacy or obligatory
force ( as distinguished from its
demandability) is subordinate to the
happening of a future and uncertain
event
So that if the suspensive condition

Example
Cinco, (testator) in his last will and
testament gave some property to
Molano (heir) provided T would die
within two (2) years.

TESTATOR

HEIR

2.Lost of rights
already acquired
In obligation subject to a resolutory
condition, the happening of the event
which constitutes the condition
produces the extinguishment or loss
of rights already acquired.

Example
Fajutag binds himself to Molano until
Molano graduates from pre-school.
MOLANO
FAJUTAG

Article 1182. When the fulfillment

of the condition deoends 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. ( 1115 )

POTESTATIVE
CONDITION
A condition suspensive in nature
and which depends upon the
sole will of one of the contracting
parties is known as potestative
condition

Where suspensive
condition depends upon
will of debtor.

1. Conditional obligation
void
2. Only the condition void

CONDITIONAL OBLIGATION VOID

THE POTESTATIVE CONDITION

DEPENDS SOLELY UPON THE
WILL OF THE DEBTOR, THE
CONDITIONAL OBLIGATION
SHALL BE VOID BECAUSE ITS
VALIDITY IS LEFT TO THE WILL
OF THE DEBTOR, AND IT
CANNOT, THEREFORE, BE

I WILL PAY YOU IF I WANT

ONLY THE CONDITION VOID

IF THE OBLIGATION IS A PREEXISTING
ONE, ONLY THE CONDITION IS VOID
LEAVING UNAFFECTED THE
OBLIGATION ITSELF.

WHERE SUSPENSIVE CONDITION

DEPENDS UPON WILL OF THE CREDITOR

IF THE CONDITION DEPENDS

EXCLUSIVELY UPON THE WILL OF THE
CREDITOR, OBLIGATION IS VALID

BABE, I WILL PAY YOU MY

INDEBTEDNESS UPON YOUR
DEMAND.

SURE BABE

WHERE RESOLUTORY CONDITION

DEPENDS UPON WILL OF 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 WILL OF THE
DEBTOR(SELLER).
THE FULFILLMENT OF THE
CONDITION MERELY CAUSES LOSS OF
RIGHTS ALREADY ACQUIRED.

CASUAL CONDITION
IF THE SUSPENSIVE CONDITION
DEPENDS UPON CHANCE OR UPON
THE WILL OF A THIRD PERSON, THE
OBLIGATION SUBJECT TO IT IS VALID.

EXAMPLE
WHERE S BINDS HIMSELF TO SELL
HIS LAND TO B IF HE WINS CASE
WHICH IS PENDING BEFORE THE
SUPREME COURT.

MIXED CONDITION
VALID IF THE SUSPENSIVE
CONDITION DEPENDS
PARTLY UPON CHANCE AND
PARTLY UPON THE WILL OF
A THIRD PERSON.

FAJUTAG, (BUILDING
CONTRACTOR),

CINCO,(OWNER

OBLIGES HIMSELF
IN FAVOR OF
TO REPAIR AT FAJUTAGS EXPENSES, ANY DAMAGE
TO THE BUILDING AFTER AN EARTHQUAKE IF FOUND
BY ARBITRATORS THAT DEFECTS CONTRIBUTED IN
ANY WAY

WHERE SUSPENSIVE CONDITION

DEPENDS PARTLY UPON WILL OF
DEBTOR
THE USE OF WORD
EXCLUSIVEMAKES IT CLEAR THAT
CONDITIONAL OBLIGATIONS WHOSE
FULFILLMENT DEPENDS PARTLY UPON
THE WILL OF A THIRD PERSON, AND
PARTLY UPON THE WILL OF DEBTOR
OR UPON CHANCE, ARE PERFECTLY

VALID.

 ART. 1183. IMPOSSIBLE

CONDITIONS, THOSE
CONTRARY TO GOOD CUSTOMS
OR PUBLIC POLICY AND THOSE
PROHIBITED BY LAW SHALL
ANNUL THE OBLIGATION IS
DIVISIBLE,THE PART THEREOF
WHICH IS NOT AFFECTED BY
THE IMPOSSIBLE OR UNLAWFUL
CONDITION SHALL BE VALID.

WHEN ART.1183 APPLIES

ART. 1183 REFERS TO SUSPENSIVE
CONDITIONS. IT APPLIE ONLY TO
CASES WHERE THE IMPOSSIBILITY
ALREADY EXISTED AT THE TIME THE
OBLIGATION WAS CONSTITUTED.
IF THE IMPOSSIBILITY ARISES AFTER
THE CREATION OF THE OBLIGATION.
ART. 1266 GOVERNS

TWO KINDS OF
IMPOSSIBLE CONDITIONS
PHYSICALLY IMPOSSIBLE
CONDITIONS

LEGALLY IMPOSSIBLE
CONDITIONS

PHYSICALLY
IMPOSSIBLE
CONDITIONS

NATURE OF THINGS,
CANNOT EXIST OR
CANNOT BE DONE.

EXAMPLES:
I WILL PAY YOU 3 MILLION
PESOS IF CINCO BECOME
A MONSTER.
I WILL PAY YOU 200 PESOS
IF IT WILL NOT RAIN FOR ONE
YEAR IN PHILIPPINES.

LEGALLY IMPOSSIBLE
CONDITIONS

CONTRARY TO LAW, MORALS, GOOD

CUSTOMS, PUBLIC ORDER, OR
PUBLIC POLICY.
EXAMPLES:

CINCO WILL GIVE FAJUTAG A

BUCKET OF GOLDS IF
FAJUTAG
-WILL KILL CHRISTIAN USING A
NAILCUTTER.
-WILL NOT APPEAR AS WITNESS