Pure obligation is one which is not subject (2) Resolutory condition the obligation is

to any condition and no specific date is demandable at once. Automatic na nag set
mentioned for its fulfillment and is, na yung obligation ni obligor. But it shall be
therefore, immediately demandable. extinguished upon the happening of the
condition.
Walang kasamang conditions or period and
therefore demandable at once. Ibig sabihin EXAMPLE: “I will let you use my phone until
once na nag enter into contract at yung you win the game.”
obligations ay fewer or simple one
“I will let you live at my dorm until
pwedeng magdemand automatically at
the end of this semester.”
instant pwede nang mag demend si
creditor kay debtor na gawin nya yung Na set na agad yung obligation at kapag na
obligations nya. perform na yung condition, ma e
extinguished na yung obligation.
EXAMPLE: A obliges to give C P5,000 The
obligation is immediately demandable if a) Suspensive. — the happening of which
there is no condition and no date is gives rise to the obligation; and
mentioned for its fulfillment.
(b) Resolutory. — the happening of which
A conditional obligation is one whose extinguishes the obligation
consequences are subject in one way or
another to the fulfillment of a condition. (1) If the suspensive condition is fulfilled,
the obligation arises, while if it is the
Hindi nag aarise or hindi automatically resolutory condition that is fulfilled, the
nagdedemand si creditor na gawin ni obligation is extinguished;
debtor ang kanyang obligations. So
dedepende sa mga conditions like may (2) If the first does not take place, the tie of
pareho silang pinag usapan na conditions law (juridical or legal tie) does not appear,
at kapag nangyari lang yung condition while if it is the other, the tie of law is
nayun saka lang pwedeng e demand ni consolidated; and
creditor kay debtor na pwedeng gawin (3) Until the first takes place, the existence
yung obligations nya. of the obligation is a mere hope, while in
Condition is a future and uncertain event, the second, its effects flow, but over it,
upon the happening of which, the effectivity hovers the possibility of termination.
or extinguishment of an obligation (or rights) When obligation demandable at once.
subject to it depends.
(1) when it is pure
Uncertain events sya, hindi mo alam kung
kalian sya mangyayari at kung mangyayari (2) when it is subject to a resolutory
ba sya. condition

KINDS OF CONDITION (3) when it is subject to a resolutory period.

1) Suspensive condition suspended yug Obligation with period – mangyayari talaga

obligation until the happening of the sya hindi mo lang alam kung kalian.
condition. Not demandable at once
A period is a future and certain event upon
because it is dependent on the condition.
the arrival of which the obligation subject to
EXAMPLE: “Well go shopping if you win it either arises or is extinguished.
the race”
Potestative. — the condition depends
Hindi pa epeperform yung obligation kasi upon the will of one of the contracting
hindi pa nag aarise yung condition. parties.
Potestative on Part of the Debtor — Mixed condition.
suspensive kasi sakanya nakadepende
The obligation is valid if the suspensive
yung condition. Kaya obligation is void.
condition depends partly upon chance and
Hindi magiging determinate yung time kung
partly upon the will of a third person.
kalian e peperform ni debtor yung
obligation. (c) Mixed. — the condition depends partly
upon chance and partly upon the will of a
EXAMPLE: A borrowed P10,000.00 from B
third person.
payable within two months. A promised to
pay B “after A sells his car” to which B EXAMPLE: A is to give B house and lot if B
agreed. In this case, only the condition is would live with Y.
void but not the pre-existing obligation of D
to pay C. Nakadepende kay B at Y.

EXMAPLE 2: A is to give B 10,000 if B will Possible – One that is capable of fulfillment

buy a new phone. in its nature and by law

Potestive on Part of the Debtor — Two kinds of impossible conditions.

resolutory kasi it is valid. Kasi demandable (1) Physically impossible conditions. —
at once. May performance agad at the when they, in the nature of things, cannot
beginning. Sa part ni creditor ay na fullfil exist or cannot be done; and
nya na yung obligations.
(2) Legally impossible conditions. — when
EXAMPLE: A is let B borrowed his phone they are contrary to law, morals, good
until B buys his new phone. customs, public order, or public policy.
Suspensive condition depends upon the EXAMPLE: “I will give you P10,000.00 if
will of creditor. If the condition depends you sell my land, and a car, if you kill Pedro.”
exclusively upon the will of the creditor, the
obligation is valid. The obligation to give P10,000.00 is valid
but the obligation to give a car is void
EXAMPLE: “I will pay you my indebtedness because it is dependent upon an
upon your demand.” The obligation does impossible condition
not become illusory. Normally, the creditor
is interested in the fulfillment of the Kinds of period
obligation because it is for his benefit. It is Ex die: (1) “I will pay you 30 days from
up to him whether to enforce his right or not. today.” (or on Jan. 1 next year, or at the end
(b) Casual — the condition depends upon of this month.) Here, what is suspended is
chance or upon the will of a third person. not the obligation itself (or right acquired)
but merely its demandability.
Casual condition.
(2) “I will support you from the time your
(1) If the suspensive condition depends father dies.” Here, the uncertainty consists
upon chance or upon the will of a third not in whether the day (death) will come or
person, the obligation subject to it is valid. not, but only in the exact date or time of its
taking place.
EXAMPLE: A is to give B the phone if C
would go shopping. (3) “I will pay you when my means permit
me to do so.” This is considered by law as
Yung condition dedepende sya sa
an obligation with a period.
happening ng isang bagay upon will of 3 rd
person or chance. In diem: (1) “I will give you P1,000.00 a
month until the end of the year.” (2) “I will
support you until you die.
(a) Legal period. — When it is provided for (1) Simple obligation. — one where there is
by law only one prestation.
(b) Conventional or voluntary period. — EXAMPLE: S obliged himself to deliver to
When it is agreed to by the parties (Art. B a piano; S promised to repair the car of
1196.); and (c) Judicial period. — When it B.
is fi xed by the court.
(2) Compound obligation. — one where
Period is for the benefit of one of the there are two or more prestations. It may
parties be;
1. For the benefit of the debtor – He (a) Conjunctive obligation. — one where
cannot be compelled to perform his there are several prestations and all of
obligation before the expiration of the term, them are due; or
but he may choose to perform before such
(b) Distributive obligation. — one where
expiration at his option.
one of two or more of the prestations is due.
(Example: D is obliged to pay C
An alternative obligation is one wherein
P10,000.00 on or before December 31,
various prestations are due but the
2010. D cannot compelled to pay before
performance of one of them is suffi ciently
December 31, 2010. However, he may
determined by the choice which, as a
choose to pay at any time before december
general rule, belongs to the debtor.
31, 2010 at his option.)
2. For the benefit of the creditor – He EXAMPLE: D borrowed from C P10,000. It
was agreed that D could comply with his
cannot be compelled to accept
obligation by giving C P10,000, or a color
performance before expiration of the term,
television set, or by painting the house of C.
but he may choose to demand
performance before such expiration at his Rules in case of loss before creditor has
option. made choice
(Example: On November 1, 2009, D (1) When a thing is lost through a fortuitous
borrowed from C P10,000.00 “collectible event.
“on or before June 30, 2010 or at any time
before the said date. However, D cannot EXAMPLE: S obliged himself to deliver to
compel him to accept the payment at any B item one, or item two or item three, or
time before June 30, 2010.) item four. If item one is lost through a
fortuitous event, B can choose from among
Alternative and Facultative Obligation — the remainder or that which remains if three
pinag uuspan ditto yung prestation ng of the items are lost.
isang obligation.
(2) When a thing is lost through debtor’s
ALTERNATIVE — several prestations are fault.
due but the complete performance of one
of them is sufficient to extinguished the EXAMPLE: If the loss of item one occurs
obligation. through the fault of S, B may claim item two
or item three or item four with a right to
EXAMPLE: A borrowed B 10,000, it was damages or the price of item one also with
agreed that A could comply with his a right to damages.
obligation by giving B 10,000, or a laptop or
a printer. (3) When all the things are lost through
debtor’s fault.
GENERAL RULE: The right to choose the
prestation belongs to the debtor. EXAMPLE: If all the items are lost through
the fault of S, then B can demand the
payment of the price of any one of them upon whether or not the loss is due through
with a right to indemnity for damages. his fault.
(4) When all the things are lost through a Once the substitution is made, the
fortuitous event. obligation is converted into a simple one to
deliver or perform the substituted thing or
EXAMPLE: The obligation of S shall be
prestation. The substitution becomes
extinguished if all the items which are
effective from the time it has been
alternatively the object of the obligation are
communicated.
lost through a fortuitous event.
EXAMPLE:
(a) If item one is lost with or without the fault
FACULTATIVE — only one prestation is
of S, S is not liable for its loss since his
due but the debtor may render another in
obligation is to deliver item two.
substitution.
(b) If item two is lost through a fortuitous
EXAMPLE: I will give you my piano but I
event, the obligation of S is extinguished.
may give my television set as a substitute.
(c) If item two is lost through the fault of S,
Piano is due but the its loss through my
S is liable for damages
fault will make me liable.
JOINT OBLIGATION — each debtor is
A facultative obligation is one where only
liable only for a proportionate part of the
one prestation has been agreed upon but
debt. Each creditor is entitled only to a
the obligor may render another in
proportionate part of the credit.
substitution.
EXAMPLE: A, B, C borrowed 9,000 to D.
Effect of loss.
Therefore, A, B, C, is jointly liable.
(1) Before substitution. — If the principal
Humiram ng 9k si A, B, C, kay D. Therefore,
thing is lost through a fortuitous event, the
A, B, C is jointly liable to pay D. but D can
obligation is extinguished; otherwise, the
only demand A, B, C, 3K each for total of
debtor is liable for damages. The loss of the
9K.
thing intended as a substitute with or
without the fault of the debtor does not A joint obligation is one where the whole
render him liable. obligation is to be paid or fulfilled
proportionately by the different debtors
EXAMPLE: S will give B item one or if S
and/or is to be demanded proportionately
wants, item two. (a) If item one is lost
by the different creditors.
through a fortuitous event, the obligation of
S is extinguished. A solidary obligation is one where each one
of the debtors is bound to render, and/or
(b) If item one is lost through the fault of S,
each one of the creditors has a right to
S is liable for damages.
demand entire compliance with the
(c) If item two is lost with or without the fault prestation.
of S, S is still liable to deliver item one; he Kinds of solidarity
is not liable for damage for the loss of item
two as it is not due. (a) Passive solidarity or solidarity on the
part of the debtors, where anyone of them
(2) After substitution. — If the principal
can be made liable for the fulfillment of the
thing is lost, the debtor is not liable
entire obligation. Its characteristics are
whatever may be the cause of the loss,
plurality of debtors and unity of prestation.
because it is no longer due. If the substitute
It is in the nature of a mutual guaranty.
is lost, the liability of the debtor depends
EXAMPLES: A and B are solidary debtors ng reimbursement kay B or A in the amount
of C in the amount of P10,000.00 of 5,000 or depende sa napag usapan nila.
Kay C at D naman ay liable na magbigay
Humiram si A and B kay C ng 5,000.
kay D or C ng share of 5,000 or depende
Therefore C may demand A or B ng 5,000
sa usapan din nila.
or to the both of them or depende sa
usapan ni A and B. basta si C ay pwedeng A (or B) can pay either C or D. C (or D) can
mag collect ng 5,000 sa kahit na sino sa demand from either A or B. The payment
kanila. 5,000 lang ang pwedeng kunin ni C by A (or B) of P10,000.00 to C (or D) shall
dahil yun lang yung hiniram sakanya. extinguish the obligation. A (or B) can ask
reimbursement from B (or A) in the amount
b) Active solidarity or solidarity on the part
of P5,000.00 or such amount agreed upon
of the creditors, where anyone of them can
between them. C (or D), in turn, is liable to
demand the fulfillment of the entire
give to D (or C), the latter’s share of
obligation. Its essential feature is that of
P5,000.00 or the amount stipulated.
mutual representation among the solidary
creditors with powers to exercise the rights Joint indivisible obligation an obligation
of others in the same manner as their rights. where the debtors or creditors are jointly
bound but the prestation or object is
EXAMPLE: A is liable for P10,000.00 in
indivisible.
favor of B and C who are solidary creditors.
The obligation is joint because the parties
Humiram si A ng 10,000 kay B and C (who
are merely proportionately liable. It is
are solidary liable) therefore A is liable to
indivisible because the object or subject
pay B or C. if A pay B, then B is liable to
matter is not physically divisible into
share of C. if A pay C, then C is liable to
different parts.
share B. the liability of A ay hindi tataas ng
10,000 dahil yun lang yung inutang nya. EXAMPLE: A, B, and C are jointly liable to
give D a car valued at P240,000.00.
A may pay either B or C. So long as the
entire debt is not paid, B and C can demand On the date of delivery, willing si A, and B
payment from A. If B (or C) received but C is not. D has no cause of action
payment, he is liable to C (or B) for the against C for the delivery of the car kasi as
latter’s share in the credit according to their a joint debtor, si C ay liable lang sa
agreement. The liability of A cannot exceed proportionate part of obligation which is
P10,000.00 which is the extent of his 80,000. Since yung car ay indivisible, the
liability. debt can only be enforced by proceeding
against all the debtors for compliance is not
(c) Mixed solidarity or solidarity on the part
possible unless they act together.
of the debtors and creditors, where each
one of the debtors is liable to render, and So yung liability nila ay converted into one,
each one of the creditors has a right to for damages na po sya. So, A, B, and C will
demand, entire compliance with the be liable for P80,000 each or a total of
obligation. P240,00 which is the value of the car
without increase of responsibility for A and
EXAMPLE: A and B are solidary liable to C
B. C, the unwilling debtor, shall be liable for
and D, (solidary creditors), in the amount of
damages to D for having violated the
P10,000.00.
obligation.
A or B ay pwedeng magbayad kay C or D.
On the date of delivery, A and B are willing
Si C or D naman ay pwedeng mag demand
to deliver but C is not. In this case, D has
kay A or B. Ang payment ni A or B ng
no cause of action against C for the delivery
10,000 kay C or D ay mag e extinguished
of the car because, as a joint-debtor, C is
ng obligation. A or B ay pwedeng humingi
liable only for a proportionate part of the
obligation which is P80,000.00. Since the
object (car) is indivisible, the debt can only
be enforced by proceeding against all the
debtors for compliance is not possible
unless they act together.
If A and B suffered damages by reason of
the non-fulfillment by C, they may recover
them from C.
A divisible obligation is one capable of
partial performance (such as the obligation
to deliver 10 sacks of rice).
A penal clause is an accessory undertaking
attached to an obligation to assume greater
liability on the part of the obligor in case of
breach of the obligation, i.e., the obligation
is not fulfilled, or is partly or irregularly
complied with.
Kinds of penal clause
(a) Legal penal clause. — when it is
provided for by law;
(b) Conventional penal clause. — when it is
provided for by stipulation of the parties.
(a) Subsidiary or alternative penal clause.
— when only the penalty can be enforced;
(b) Joint or cumulative penal clause. —
when both the principal obligation and the
penal clause can be enforced.
General rule: The penalty takes the place
of the damages and interest in case of non-
compliance.
D is obliged to deliver 10 sacks of rice to C
on May 10. The parties agreed that if D fails
to deliver on due date, he will pay a penalty
of P500.