Oblicon Pure and Conditional Part 1

DIFFERENT KINDS
OF OBLIGATIONS
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
- an obligation which does not contain any condition or term upon which the fulfillment is
made to depend; immediately demandable by the creditors and the debtor cannot be
excused from not complying with his prestation.
CONDITIONAL OBLIGATION
- an obligation subject to a condition.

- KINDS:
• Suspensive Obligation – its fulfillment gives rise to an obligation; the demandability of the
obligation or the effectivity of the contract can take place only after the condition has been
fulfilled.
• Resolutory Obligation – its happening extinguishes the obligation which is already existing;
CONDITION
– an event which is both future and uncertain upon which the existence or extinguishment
of an obligation is made to depend.
ART. 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
– a future and certain event upon the arrival of which, the obligation subject to it either
arises or is extinguished.
INDICATIONS OF A TERM OR PERIOD
When the debtor binds himself to pay –

• when his means permit him to do so
• little by little
• as soon as possible
• from time to time
• as soon as I have the money
• in partial payment
• when in the position to pay
ART. 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.
SUSPENSIVE CONDITION
– the acquisition of rights by the creditor depends upon the happening of the event which
constitutes the condition; if such condition does not take place, it would be as of the
conditional obligation had never existed.
Example: promise to give a car after passing the CPA Licensure Examination
RESOLUTORY CONDITION
– the rights and obligations already existing are under threat of extinction upon the
happening or fulfillment of such condition.
Example: donation by reason of marriage – the celebration of marriage is a resolutory
condition; if the marriage did not push through, the donation may be revoked
ART. 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.
3 KINDS OF CONDITIONS UNDER ART. 1182
• POTESTATIVE – a suspensive condition which depends upon the will of one of the
contracting parties (if at the sole will of the debtor, it is void; if at the creditor’s, still valid. this
is to prevent the establishment of illusory obligations)
• CASUAL – the condition depends upon chance or the will of a third person
• MIXED – the condition depends partly upon the will of the parties and partly upon chance
or the will of a third person;
ART. 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.
2 KINDS OF IMPOSSIBLE CONDITIONS
• Physically Impossible – cannot exist or cannot be done in its nature;

• Legally Impossible – contrary to law, good customs, or public policy.
EFFECT OF IMPOSSIBLE CONDITIONS
1. Conditional obligation is VOID – impossible conditions annul the obligation which

depends upon them; the obligor knows his obligation cannot be fulfilled, he has no
intention to comply with his obligation.
2. Conditional obligation is VALID – if the condition is negative (not to do an impossible
thing), it is disregarded and the obligation is rendered pure and valid.
EFFECT OF IMPOSSIBLE CONDITIONS
3. Only the affected obligation is void - if the obligation is divisible, and the part thereof
not affected by the impossible condition is valid.
4. Only the condition is void - if there is already a pre-existing obligation and it does not
depend upon the fulfillment of the condition which is impossible.
ART. 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 VS. NEGATIVE CONDITION
• Positive condition – refers to the fulfillment of an event or performance of an act

• Negative condition – refers to the non-fulfillment or non-performance of an act.
POSITIVE SUSPENSIVE CONDITION
The obligation is extinguished:

• As soon as the TIME EXPIRES without the event taking place;
• As soon as it has become certain that the EVENT WILL NOT TAKE PLACE although the time
specified has not yet expired.
ART. 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.
THE OBLIGATION SHALL BECOME EFFECTIVE AND
BINDING:
• From the moment the time indicated has elapsed without the event taking place;
• From the moment it has become evident that the event cannot occur, although the time
indicated has not yet elapsed.
1184 1185
(POSITIVE SUSPENSIVE) (NEGATIVE SUSPENSIVE)
Jose obliges himself to give the pregnant Jose obliges himself to give the pregnant
woman Maria P5000 if she would give birth woman Maria P5000 if she would NOT give
on or before December 30. birth on December 30.
a. Jose is LIABLE if Maria gives birth on or a. Jose is NOT LIABLE if Maria gives birth on
before December 30. December 30.
b. Jose is NOT LIABLE if Maria gives birth b. Jose is LIABLE if Maria DID NOT give
after December 30. birth on December 30 – if Maria gives birth
BEFORE or AFTER December 30.
c. If Maria would have a miscarriage before c. If Maria would have a miscarriage before
December 30, the obligation is December 30, the obligation is deemed
EXTINGUISHED. FULFILLED.
ART. 1186
The condition shall be deemed fulfilled when the obligor voluntarily prevents its
fulfillment.
REQUISITES:
• The condition is SUSPENSIVE;

• The obligor ACTUALLY PREVENTS the fulfillment of the condition;
• He acts VOLUNTARILY.

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DIFFERENT KINDS

Every obligation whose performance does not depend upon a future or

- an obligation subject to a condition.

When the debtor binds himself to pay –

In conditional obligations, the acquisition of rights, as well as the

Impossible conditions, those contrary to good customs or public policy and

• Physically Impossible – cannot exist or cannot be done in its nature;

1. Conditional obligation is VOID – impossible conditions annul the obligation which

• Positive condition – refers to the fulfillment of an event or performance of an act

The obligation is extinguished:

• The condition is SUSPENSIVE;

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