SECTION 2 : Obligations at a time which

cannot be
with a Period determined

ART. 1193. Obligations for whose (2) As to only to the Future and
time future also to a
fulfillment a day certain has been fixed,
past event
shall be demandable only when that day unknown to
comes. the parties

Obligations with a resolutory period take (3) As to infl merely fixes the causes an
effect at once, but terminate upon arrival uence on time for the obligation to
the efficaciousness arise or to
of the day certain.
obligation of the cease.
obligation.
A day certain is understood to be that If suspensive, it —->
which must necessarily come, although cannot prevent idedetermin
it may not be known when. the birth of the e kung
obligation in mag-aarise
If the uncertainty consists in whether the due time; ba or
if resolutory, it magceceas
day will come or not, the obligation is
does not annul, e ung
conditional, and it shall be regulated by even in fiction, obligation
the rules of the preceding Section. the fact of its
(1125a) existence.

obligation with a period —> finifix lng un

time of the
- one whose consequences are
effectivity
subjected in one way or another to
the expiration of said period or term (4) As to depends upon A condition
effect, when the will of the which
Period or Term left to debtor depends
debtor’s will empowers the upon the
- a future and certain event upon the
court to fix the sole will of
arrival of which the obligation (or duration thereof the debtor
right) subject to it either arises or is invalidates
terminated. —-> the
- It is a day certain which must obligation
necessarily come (like the year
2005; next Christmas), although it —>
potestative
may not be known when, like the on the part
death of a person. (Art. 1193, par. 3.) of the
+ Death of a person = hindi debtor; it is
natin alam kung kailan invalid
mamatay ang isang tao but
definitely that day will come (5) As to Unless there is the
retroactivity an agreement happening
of effects. to the contrary, of a
Period and condition distinguished. the arrival of a condition
period does not has a
have any retroactive
PERIOD CONDITIO retroactive effect.
N effect
(1) As to A certain event an uncertain
—->
fulfillment. which must event
happen sooner
or later at a
date known
beforehand, or
PERIOD MUST BE POSSIBLE, (b) Indefinite period. — When it is not fixed
● PERIOD IS IMPOSSIBLE (e.g., or it is not known when it will come. Where
February 30, because it will never the period is not fixed but a period is
come; within 24 hours to deliver a intended, the courts are usually empowered
ship in a foreign country because it by law to fix the same. (see Art. 1197.)
is too short) = OBLIGATION IS VOID ● Fixed na nga pero d mo alam kelan
darating
Kinds of period or term. ○ Death
○ Hindi nagset or hindi nafix
(1) According to effect: ung period sa
nagapag-usapan pero may
(a) Suspensive period (ex die). — The intention on the parties to fix
obligation begins only from a day certain a period, courts may fix the
upon the arrival of the period (Art. 1193, par. same period according to the
1.); and intention of the parties
● What is suspended is not the
obligation itself but its demandability
ART. 1194. In case of loss, deterioration
(b) Resolutory period (in diem). — The or improvement of the thing before the
obligation is valid up to a day certain and arrival of the day certain, the rules in
terminates upon the arrival of the period. Article 1189 shall be observed. (n)
(par. 2.)
● Demandable at once and arrival of a ● Suspensive period eto, art. 1189
period will extinguish or terminate nmn is suspensive condition tho
the obligation parehas lang ung rule

LOSS OF THING
(2) According to source:
without obligation = exception
(a) Legal period. — When it is provided for debtor’s extinguished =
by law; fault. and the debtor negligenc
● Payment of income taxes (fortuitous is not liable to e, in
event) the creditor delay,
(b) Conventional or voluntary period. — fraud,
generic
When it is agreed to by the parties (Art.
thing
1196.); and
● Kung ano ung nakalagay sa contract through Liable for
and napag-agreehan debtor’s damages
fault.
(c) Judicial period. — When it is fixed by the Negligence=
damages
court. (Art. 1197.)
● When the obligation depends upon
the will of the debtor empowers the
court to fix the duration thereof DETERIORATION OF THE THING

(3) According to definiteness: without Creditor will bear

debtor’s the loss
(a) Definite period. — When it is fixed or it is fault.
known when it will come (Art. 1193, par. 3.); THE DEBTOR
and IS NOT LIABLE
● Alam mo na beforehand kung kelan through Liable for
dadating debtor’s damages
fault.
a) Rescission (or
 ● Pwede manyari na akala mo due na
cancellation) of
the obligation ung oblig, so akala mo due na ung
with damages; utang mo so nagbayad ka but later
on narealized mo n next pa pla ung
(b) Fulfillment of due= PAYMENT BY MISTAKE,
the obligation So in that case, pwedeng bawiin for
also with the mean time na hindi pa naman
damages
ang-aarive ung suspensive period,
pwedeng bawiin muna ung nabayad
by mistake= RECOVER kac HINDI
IMPROVEMENT OF THE THING PA NAMAN DUE AND
DEMANDABLE
By nature Benefit the E.g.
creditor The Payment was supposed to be
paid on December 31, 2020

at expense Right to
The debtor, by mistake, paid his
of the Usufruct
debtor. obligation on Dec. 31 2019
Debtor can
improve but ● May one yr pa para
nd pd singilin makapagbayad,
ung creditor, ● June 30= may recover
only have the 2000 + 120 ( ung interest,
right to
legal rate 12% a yr,)
enjoyment

Can remove
the NO RIGHT TO RECOVER IF THE
improvement DEBTOR HAD THE KNOWLEDGE
without OF THE PERIOD
damaging the
● Kung alam naman talaga na
thing, PWEDE
ung pagbabayad ay sa 2020
pa but despite the knowledge
he insisted the payment
ART. 1195. Anything paid or delivered ● The principle of Solutio
before the arrival of the period, the Indebiti will not apply, he
obligor being unaware of the period or deemed to have impliedly
believing that the obligation has become renounced the period.
due and demandable, may be recovered,
with the fruits and interests. (1126a) DEBTOR CAN NOT RECOVER WHAT HE
HAD PAID BY MISTAKE IF THE DEBT
● Implies only to real obligation or HAD ALREADY MATURED.
obligation to give ● Kagaya kanina, nagbayad ng 2019,
but ung date ngayon is 2021 na,
● similar to Article 1188, paragraph 2, hindi na pwedeng irecover kasi ung
which allows the recovery of what due date na dec. 31, 2020
has been paid by mistake before nag-expire na, he may recover only
the fulfillment of a suspensive the interest from dec. 31 2019 to
condition. december 31 2020
● REASON: The creditor cannot
unjustly enrich himself by retaining
the thing or money received before
the arrival of the period.
NO RIGHT OF RECOVERY IN PERSONAL D cannot pay before December 31 without
OBLIGATIONS the consent of C. Neither can C compel D to
● Article 1195 has no application to pay before the expiration of the term.
obligations to do or not to do ● Pwede naman magbayad ahead of
● TO DO = it is physically impossible time provided na magcoconsent si
to recover the service rendered creditor
● NOT TO DO= as the obligor ● It is presumed that the period
performs by not doing, he cannot, of designated, which is December 31,
course, recover what he has not has been established for the benefi t
done of both. D is benefi ted because he
can use the money for one year. C is
also benefi ted because of the
ART. 1196. Whenever in an obligation a interest the money would earn for
period is designated, it is presumed to one year.
have been established for the benefit of ●
both the creditor and the debtor, unless In a contract of the loan with interest, the
from the tenor of the same or other term is generally for the benefit of both the
circumstances it should appear that the lender and the borrower.
period has been established in favor of
one or of the other. (1127) This is also the case even where there is no
interest stipulated but the creditor receives,
Presumption as to benefit of period. in place of interest, other benefits by reason
● Presumption as regards the of the period.
beneficiality of the period stipulated
by the parties ● May mga benefits kac ung period so
● OBLI subj to a PERIOD fixed by the hindi pwedeng basta basta lang
PARTIES = the period is presumed balewalain without the consent of
to have been established for the the other
benefit of both the creditor and the
debtor. GENERAL RULE:
○ Kac nga nag-uuusap yan, if Period stipulated is presumed to be for
may napagkasunduan sila, it the benefit of the both parties.
is pressumed na un ung
convenient to both of the EXEMPTION TO THE GENERAL RULE:
parties When the tenor of the obligation or the
○ This means that before the circumstances may, however, show that it
expiration of the period, the was the intention of the parties to constitute
debtor may not fulfill the the period for the benefit of either the debtor
obligation and neither may or the creditor. The benefit of the period
the creditor demand its may be the subject of express stipulation of
fulfillment without the the parties.
consent of the other
especially if the latter would ● Pwedeng ang direction ng period
be prejudiced or para sa benefit ng debtor lang or
inconvenienced thereby. creditor lang

The presumption, of course, is EXEMPTION (1) Period is for the benefit

rebuttable. of the debtor alone
● He cannot be compelled to pay
EXAMPLE: prematurely, but he can, if he
On January 1, D borrowed from C desires, do so.
P10,000.00 payable on December 31 at ● Kung gusto niyang magbayad ahead
18% interest. of time= PWEDE, pero he cannot be
 compelled to pay before the due ○ To illustrate: One calendar
date month from December 31,
EXAMPLES: 2007 will be from January 1,
(1) D borrowed from C P10,000.00 to be 2008 to January 31, 2008;
paid within one year without interest. one calendar month from
● 1 yr period deemed intended for the January 31, 2008 will be from
benefit of the debtor only, he can February 1, 2008 until
pay anytime but he cannot be February 29, 2008.
compelled to pay before 1 yr ● CIVIL CODE: “When the law speaks
● The debtor have until 1 yr to pay it, of years, months, days or nights, it
the debtor cannot be compelled to shall be understood that years are of
pay the loan by the creditor without three hundred sixty-fi ve (365) days
the consent of the debtor, but if the each; months of thirty (30) days;
debtor want, he can pay anytime days of twenty-four (24) hours; and
basta before nights from sunset to sunrise. If
months are designated by their
(2) D promised to pay his debt “on or before name, they shall be computed by the
December 31, 2004.” number of days which they
● May option ang debtor na pd na respectively have. In computing a
before dec 31, 200 siya magbayad, period, the fi rst day shall be
or pd na dec 31, 2004 na excluded, and the last day included.”
(Art. 13 thereof.)

EXEMPTION (2) PERIOD is for the benefit RECONCILE = USE THE PRINCIPLE OF
of the creditor alone. STATUTORY CONSTRUCTION TO
● He may demand fulfillment even HARMONIZE THE CONFLICTING
before the arrival of the term but the PROVISIONS
debtor cannot require him to accept ● The Administrative Code of 1987
payment before the expiration of the being the more recent law governs
stipulated period. the computation of legal periods.
● Kabaliktaran nung una ● More recent law will PREVAIL over
● Hindi pa man dumadating ung the previous law
period pwede nang magdemand si
creditor, pero si debtor if he wishes
to pay before the arrival of the period ART. 1197. If the obligation does not fix a
he cannot do so without the consent period, but from its nature and the
of the creditor circumstances it can be inferred that a
period was intended, the courts may fix
Computation of term or Period the duration thereof.
● BASIS = Administrative Code of
1987 ( executive order no. 292) The courts shall also fix the duration of
○ “Legal Periods = “Year’’ shall the period when it depends upon the will
be understood to be twelve of the debtor.
calendar months: “month’’ of
thirty days, unless it refers to In every case, the courts shall determine
a specific calendar month in such period as may under the
which case it shall be circumstances have been probably
computed according to the contemplated by the parties. Once fixed
number of days the specific by the courts, the period cannot be
month contains; “day,’’ to a changed by them. (1128a)
day of twenty-four hours; and
“night’’ from sunset to ● May limited authority ung court to
sunrise.’’ fix a period but take note that the court is
generally without the power to fix the period,
the period being mentioned refers to a EXAMPLES:
judicial period (1) X agreed to construct the house of Y.
The parties failed to fix the period within
contractual period which the construction is to be made. Here,
● period fixed by the parties in their the court can fix the term for it is evident
contract that the parties intended that X should
construct the house within a certain period.
(see Concepcion vs. People, 74 Phil. 63
GENERAL RULE: if the obligation does [1942].)
not state a period and no period is
intended the court is not authorized to Duration of period depends upon the will
fix a period. The courts have no right to of the debtor.
make contracts for the parties ● Art. 1180
● If makikita sa agreement na wala
naman talagang intention ung Whenever the court fixes the term of an
parties to put a period then the court obligation, it does not thereby modify or
cannot come to fix a period for the ammend, but it is merely enforcing the
parties, THE ONLY TIME THT THE implied stipulation of the parties( merely
COURT CAN FIX THE PERIOD IS enforces or carried out the intention of the
WHEN THERE IS MANIFEST parties)
INTENTION ON THE PARTIES TO ● Hindi magdadag-dag ng kontrata
BE BOUND BY A PERIOD YET ang court , iinterapret lang niya
HINDI LANG NAREFLECT SA
KANILANG AGREEMENT
● THE COURT HAVE NO RIGHT TO Legal effect where suspensive period/
MAKE CONTRACTS FOR THE condition depends upon will of debtor.
PARTIES< NAG-INTERPRET LANG
ANG COURNT NG CONTRACTS (1) The existence of the obligation is not
MERON ANG PARTIES TO affected although the period depends upon
REFLECT TO THEIR INTENTIONS the sole will of the debtor. It is only the
performance with respect to time that is left
GENERAL RULE: Courts are not to the will of the debtor.
empowered or not authorized to fix a ● Art 1180
period for the party ● Supensive period depends upon the
will of the debtor: PWEDE
Exceptions to the general rule.
(2) If the obligation is subject to a condition
No period is fixed but a period was which depends upon the will of the debtor,
intended. the conditional obligation is void (Art. 1182.)
● When there is no period but a period because in such case, it is actually the
was intended by the parties fulfillment of the obligation that depends
○ Wlng nakalagay na period upon the will of the debtor. (see Art. 1308.)
pero makikita mo naman na ● Suspensive condition depends upon
the way that the agreement the sole will of the debtor(Potestative
is bounded eh may intention condition): VOID
to be bound by a period pero
ung agreement fails to fix the RULE: Period fixed cannot be changed
period by the courts.
● If the obligation does not fix a period
but it can be inferred from its nature (1) If there is a period agreed upon by the
and the circumstances that a period parties and it has already lapsed or expired,
was intended by the parties, the the court cannot fix another period.
court may fix the period. ● In default na ung isa jan
 ● COURT CAN ONLY FIX WHEN; no When obligation can be demanded before
period is fixed but a period is lapse of period.
intended and duration of the
period is upon the will of the GENERAL RULE: Before the arrival of
debtor the suspensive period hindi mo pwedeng
idemand ‘yan
(2) From the very moment the parties give ● the obligation is not demandable
their acceptance and consent to the period before the lapse of the period.
fixed by the court, said period acquires the
nature of a covenant, because the effect of 1198 provides that there are cases where
such acceptance and consent by the parties an obligation can be demanded even
is exactly the same as if they had expressly prior to the lapse of the period agreed
agreed upon it, and having been agreed upon.
upon by them, it becomes a law governing
their contract. The period fixed in a final The debtor shall lose every right to make
judgment is res judicata and as such forms use of the period:
an integral part of the imperfect contract ○ Mawawalan na ng karapatan
which gave rise to its designation by the na gamitin ung benefit of the
court, and thence, forward part of a perfect period which is for his benefit
and binding contract. Consequently, the ○ It means that the creditor can
court cannot change it. (Barretto vs. City of demand payment even
Manila, 11 Phil. 624 [1908].) However, the before the maturity date
parties may modify the term by a new
agreement. ● the period is disregarded and the
● If hindi satisfied dun sa ano ng court obligation becomes pure and,
they can modify to new agreeement therefore, immediately demandable
○ MAGIGING PURE( which is
immediately demandable)
ART. 1198. The debtor shall lose every
right to make use of the period: The exceptions are based on the fact that
(1) When after the obligation has been the debtor might not be able to comply with
contracted, he becomes insolvent, his obligation.
unless he gives a guaranty or security
for the debt; (1) When debtor becomes insolvent. —
(2) When he does not furnish to the ● Insolvent = one person is insolvent if
creditor the guaranties or securities hindi siya makapagbayad ng
which he has promised; obligasyon at pagkakautang at the
(3) When by his own acts he has time that the obligation becomes due
impaired said guaranties or securities and demandable
after their establishment, and when = or he is financial distress na mas
through a fortuitous event they malaki ung liabilities kesa sa
disappear, unless he immediately gives kaniyang assets
new ones equally satisfactory;
(4) When the debtor violates any EXAMPLE:
undertaking, in consideration of which D owes C P10,000.00 due and
the creditor agreed to the period; payable on December 20. If D
(5) When the debtor attempts to becomes insolvent, say on
abscond. (1129a) September 10, C can demand
immediate payment from D even
before maturity unless D gives
sufficient guaranty or security
● Due and payable on Dec.20
● Debtor becomes insolvent on
september 10= before the
 obli becomes due and demandable unless D gives a new
demandable ( 3 months security equally satisfactory
before) ● Bec of negligence or fault of
● Can the creditor demand debtor= the house need not
payment even if the period be totally destroyed as it is
has not yet arrived? Yes, the sufficient that the security be
basis is Art 1198 par. 1, the impaired by the act of Debtor
creditor can demand ○ Ung bahay naburned
immediate payment from the down bec of the
debtor even before the debtor, not need to be
maturity unless the debtor totally destroyed,
gives a sufficient guaranty or sufficient na na
security for the debt na-impared
(pwedeng ipromise ung car ● in case of a fortuitous event,
as a security ) it is required that the security
● The insolvency in this case must disappear.
need not be judicially ○ Bec of furtuitious
declared. It is sufficient that event ung bahay
the assets of Debtor are less nasunog, need na
than his liabilities or Debtor is total burned down
unable to pay his debts as ● But if the security given
they mature. deteriorates in such a
Note: that the insolvency of Debtor must manner as to become
occur after the obligation has been illusory, it must be deemed to
contracted. have disappeared or lost as
contemplated in paragraph 3.
(2) When debtor does not furnish ○ Bec of fortuitous
guaranties or securities promised. — event nagdeteriorate
● Ex. nagcontract ng obli si debtor and lng, it must become
creditor, napagusapan na the debtor dissaped or lost
is supposed to give or furnish
halimbawa the collateral gurantee or If the debt is secured by a bond, the failure
security because of that debt or of D to renew the bond or replace it with an
loan, tapos hindi naman niya equivalent guarantee upon its expiration will
binibigay kay creditor, in that case, likewise give C the right to demand
the creditor can avail the remedy( immediate payment.
debtor= he shall lose his right to the
period, Creditor= can immediately (4) When debtor violates an undertaking.
demand the payment) —
● Example: the C agreed to the period
in consideration of the promise of D
(3) When guaranties or securities given to repair the piano of C free of
have been impaired or have disappeared. charge. The violation of this
— undertaking by D gives C the right to
● nangutang dahil sa isang security or demand immediate payment of the
grantee kaso ung gurantee or loan.
security na ito ay na-impare or kaya ● Kaya nagpautang kasi si C kasi sabi
nagdissapear, hindi na secured ung ni D he will repair the piano free of
loan, the remedy can be avail charge, but when D violated the
● EXAMPLE: undertaking to repair the piano, it will
If the debt is secured by a mortgage make the obligation due and
on the house of D, but the house demandable
was burned through his fault, the ○ The fact na hindi ginawa ung
obligation also becomes piano, that is a violation of
 D’s undertaking, kasi without
that promised the C hindi
namna papautangin si D

(5) When debtor attempts to abscond. —

● Before the due date of the
obligation, D (debtor) changed his
address without informing C
(creditor) and with the intention of
escaping from his obligation. This
act of D is a sign of bad faith which
results in the loss of his right to the
benefit of the period stipulated.
Observe that a mere attempt or
intent to abscond is sufficient.
○ Debtor changed address and
wd intention from escaping
○ Hal. magkapitbahay lang, tas
madaling aarw nag aalsa
balutan ung D and wala ng
planong bumalik= mere
attempt= pwede nang
puntahan at singingilin
○ Mere attempt to abscond
would mean forfeture of the
benefit of the suspensive
period
● Kapag tinataguan na ng Debtor, par.
5, sign na ayaw na magbayad,
demandable na