Different Kinds of Obligation

DIFFERENT KINDS OF OBLIGATION
(PURE AND CONDITIONAL OBLIGATIONS)
1.) DEFINITIONS
1. Condition. Meaning of Condition, is a future and uncertain event, upon
the happening of which, the effectivity or extinguishment of an
obligation (or right) subject to it depends.
2. Civil Loss. When a thing disappears in such a way that its existence is
unknown (e.g. a particular dog has been missing for sometime); or even
if known, it cannot be recovered (Art. 1189(2)), whether as a matter of
act (e.g. a particular ring is dropped from a ship at sea) or of law (e.g. a
property is lost through prescription)
3. Reciprocal obligations. Reciprocal obligations are those which arise
from the same cause and in which each party is a debtor and creditor of
the other, such that the performance of one is designed to be the
equivalent and the condition for the performance of the other.
4. Pure Obligation. A pure obligation is one which is not subject to any
condition and no specific date is mentioned for its fulfillment and is,
therefore, immediately demandable.
5. Potestative Condition. A potestative condition in nature and which
depends upon the sole will of one of the contracting parties is known as
potestative condition.
2.) DISCUSSIONS
1. Illustrate an obligation subject to:
(a) Suspensive condition
(b) Resolutory condition
Suspensive Condition: Resolutory Condition:
It bears an influence on the existence It bears an influence on the existence

of the obligation. of the obligation.
If the suspensive condition is fulfilled, If the resolutory condition is fulfilled,
the obligation arises. (so the obligation the obligation is extinguished. (the
for the meantime is suspended) obligation is resolved upon the
happening of the condition)
If the suspensive condition does not If the resolutory condition does not
take place, the tie of the law (juridical take place, the tie of the law is
or legal tie) does not appear. consolidated.
Until the suspensive condition takes Until the resolutory condition takes
place, the existence of the obligation is place, the effects of the obligation
a mere hope. (so the obligation for the flow, but over it hovers the possibility
meantime is suspended) of termination. (the obligation is
resolved upon the happening of the
condition)
PAGE 1
2. Give two (2) cases when the conditional obligation is valid although the
condition depends entirely upon the will of the debtor. Explain.
(A) Lauren Summer promises to pay Meghan Markle her loan amounting
to P 50,000, as her means permits her.
(B) Sara Underwood will pay the price of the forest concession sold to
her by Julia Rose, upon her (Sara Underwood) operation of the same.
(C) Alicia Vikander, sold her property to Candice Swanepoel, with the
right to repurchase (meaning she can get her property once the
amount given by Alicia Vikander is returned to her) “pact de retro”.
The obligation is valid although its fulfillment depends upon the sole
will of the debtor (seller/Alicia Vikander).
3. May an obligor be liable under an obligation subject to a suspensive

condition although the condition has not yet been fulfilled? Explain.
No. An obligation subject to a suspensive condition, until the happening

of the condition the obligation is suspended,
4. In an obligation to give a parcel of land subject to a suspensive

condition, who is entitled to the fruits that accrued during the pendency
of the condition once said condition is fulfilled?
During the pendency of the suspensive condition (debtor is not liable to

the creditor), the accrued fruits will go to the debtor.
5. State the rules in case the thing to be delivered:

(a) Is lost with the debtor’s fault; without his fault;
(b) Deteriorates with the debtor’s fault; without his fault.
1.) Loss of thing without debtor’s 1.) Loss of the thing with debtor’s
fault. fault.
Margot Robbie obliged herself Margot Robie obliged herself to

to give Mila Kunis her car, worth give Mila Kunis her car, worth P
P 1,000,000. If Mila Kunis will 1,000,000. If Mila Kunis will sell
sell Margot Robbie’s property. Margot Robbies’s property. The
The car was lost without the car was lost with the fault of
fault of Margot Robie. Margot Robie, because of the
negligence of Margot Robie.
Mila Kunis will be entitled to
demand damages (Art 1170). I.
s. P 1,000,000 plus incidental
damage.
PAGE 2
2. Deterioration of thing without 2. Deterioration of the thing with the
debtor’s fault. debtor’s fault.
Mila Kunis, may choose between:
If a car figured in an accident, as a
result of which its windshield was (a) Rescission (or cancellation) of
broken and some of its paints were the obligation with damages,
scratched away without the fault of this case, Margot Robie is liable
Margot Robie, thereby reducing its to pay Mila Kunis P 1,000,000,
value to P 900,000. the value of the car before its
Mila Kunis will suffer the deterioration deterioration plus incidental
or impairment in the amount of P damages, if any.
100,000 (Art. 1174) (b) Fulfillment of the obligation,
also with damages. (Art. 1191) .
In this case, Margot Robie is
bound to Mila Kunis, to give the
car and pay P 100,000, plus
incidental damages, if any.
3.) PROBLEMS
Explain or state briefly the rule or reason for your answer.
1. Natalee (Debtor) borrowed P 200,000 from Samantha Hoopes (Creditor)

payable on or before August 30.
Before the arrival of the due date, Samantha Hoopes agreed to the
promise of Charly Jordan to pay Samantha Hoopes , if Charly Jordan
wants.
Can Samantha Hoopes insist that Charly Jordan pay not later than
August 30?
2. Suppose in the same problem, Natalee (Debtor) obliges herself to pay

Samantha Hoopes P 100,000 after Samantha Hoopes has paid her
obligation to Charly Jordan. Is the obligation valid?
3. Sommer Ray (Seller) agreed to sell to Hilde Osland(Buyer), a specific car

for P 200,000, delivery of the car and the payment of the price to be
made on June 15.
Suppose Sommer Ray delivered car on June 15 but Hilde Osland failed to
pay the price , what are the remedies of Sommer Ray?
PAGE 3
4. Alexis Ren (Seller) sold a parcel of land to Veronica Bielik for P 240,000
payable in installments of P 20,000 a year.
The land was delivered to Veronica Bielik, who obtained ownership
thereof.
After Veronica Bielik had paid P 200,000, she could no longer continue
paying in view of financial reverses but she was still willing to pay the
balance of P 40,000, if given more time.
Thereupon Alexis Ren (Seller) sued for rescission under Article 1191. If
you were the judge, would you grant rescission?
5. Lauren Summer (Debtor) binds himself to pay Emma Watson (Creditor)

a sum of money. Give the three (3) cases when the obligation of Lauren
Summer is demandable at once by Emma Watson?
PAGE 4

Different Kinds of Obligation

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DIFFERENT KINDS OF OBLIGATION

(PURE AND CONDITIONAL OBLIGATIONS)

It bears an influence on the existence It bears an influence on the existence

3. May an obligor be liable under an obligation subject to a suspensive

No. An obligation subject to a suspensive condition, until the happening

4. In an obligation to give a parcel of land subject to a suspensive

During the pendency of the suspensive condition (debtor is not liable to

5. State the rules in case the thing to be delivered:

Margot Robbie obliged herself Margot Robie obliged herself to

Explain or state briefly the rule or reason for your answer.

1. Natalee (Debtor) borrowed P 200,000 from Samantha Hoopes (Creditor)

2. Suppose in the same problem, Natalee (Debtor) obliges herself to pay

3. Sommer Ray (Seller) agreed to sell to Hilde Osland(Buyer), a specific car

5. Lauren Summer (Debtor) binds himself to pay Emma Watson (Creditor)

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