Article 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. (1113)

Bawat obligasyon na ang pagganap ay hindi nakadepende sa hinaharap o sa hindi tiyak na kaganapan o kaya sa nakalipas na pangyayari na hindi alam ng partido ay dapat maipatupad kaagad.

Bawat obligasyon na naglalaman ng napatigil na kondisyon ay dapat maipatupad din ng walang pagkiling sa epekto ng mga pangyayari.

Discussion:

Condition – future and uncertain event upon which the existence or extinguishments of an obligation is made to depend.

Pure Obligation – one which does not contain any condition or term upon which its fulfillment is made to depend.

Conditional Obligation – kind of obligation which is subject to condition.

1. Suspensive (condition precedent/antecedent) – its fulfillment gives rise to the obligation, if not fulfilled, no obligation will arise.
2. Resolutory (condition subsequent) – extinguishes the obligation which is already existing.

Past Event Unknown to the Parties to the Contract

If it has happened – the obligation immediately exists purely and simply.

If it has not happened –  there is no obligation at all.

Application of Past Events Unknown to the Parties: When Proper

The future knowledge or proof of the past event, but not the past event itself is the only possibility of applying a past event as a condition in an obligation.

Traditional Classifications of Conditions Classified by Manresa

As to effect:

Suspensive – when the performance or fulfillment of the condition results in the birth or acquisition of the rights contemplated in the obligation.

Resolutory – results in the extinguishment of the rights which have previously arisen out of the obligation.

As to Cause/Origin :

Potestative – depends upon the will of the debtor

Casual – depends upon chance and/or upon the will of the third person

Mixed – depends partly upon the will of a party to the obligation and partly upon chance and/or the will of a third person.

As to Possibility:

Possible – when the condition is capable of fulfillment according to nature, law, public policy or good customs. (Art. 1183)

Impossible – not capable of fulfillment according to nature, law, public or good customs. (Art. 1183)

As to mode:

Positive – when the condition involves the doing of an act. (Art. 1184)

Negative – when the condition involves the omission of an act. (Art. 1184)

As to Divisibility

Divisible – when the condition is susceptible of partial performance.

Indivisible – when the condition is not susceptible of partial performance.

As to numbers:

Conjunctive – when there are several conditions in an obligation and all of which must be performed.

Alternative – when there are several conditions in an obligation but only one must be performed.

As to form :

Express – when the condition is expressly stated.

Implied – when the condition is not expressly stated but merely inferred from the conduct of the parties.

Case Illustration: Tolomeo Ligutan and Leonidas dela Llana vs. CA and Security Bank and Trust Company

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)

Kapag ang may utang ay ibinigkis kanyang sarili upang bayaran ang kanyang pag kakautang kapag ang kanyang pamamaraan/kakayahan ay pinahihintulutan siya upang gawin ito, ang obligasyon ay itinuturing bilang isa na may takdang panahon, na napapailalim sa mga probisyon ng Article1197

 

• When the debtor binds himself to pay forms of promise or commitment, the obligation is deemed with a period or term.
• The moment of payment is dependent upon the will of the debtor.

Note:    As the time of payment is not fixed, the same must be first fixed first before any action for collection should be allowed. This means, the creditor cannot immediately file an action for collection of the sum promised to be paid.

 

Phrases Indicating A Term or Period

1. A commitment to pay “little by little”
2. “As soon as possible”
3. “As soon as I have money”
4. When the creditor agreed “to wait until such time the debtor could pay the full indebtedness.”
5. Obligation to be paid “in partial payments”

 

Case

1. R. no. L – 5515

Levy Hermanos Vs. Pedro Paterno

 

Facts:

1. Pedro Paterno (defendant) executed a document in favor of Levy Hermanos (plaintiff), indicating that a balance of P6,177.35 will be payable in partial payments.
2. The defendant made several payments and later claimed to establish the installment of P30.00 per month payment.
3. The plaintiff disagreed and brought suit and asked that he should be paid the sum of P5,862.35 (unpaid balance) or that a period be specified within which he should pay the same, in case the court should deem such manner of payment more equitable.
4. During the trial it was agreed by the parties that the sum which the defendant owed the plaintiff was P5,317.35
5. In view of the evidence adduced during the trial, a monthly payment of P200 would be reasonable compliance with the agreement to pay the debt in installment. The payment will be rendered on or before the 15^th of each month.
6. The defendant appealed that:
   1. The obligation is one of payment by installment, its fulfillment cannot be required immediately;
   2. No fixed day was specified for its fulfillment;
   3. Payment is undetermined or was not fixed by parties when they executed the contract.

 

ISSUE:

            Whether or not the defendant should pay the plaintiff according to the period fixed by court.

 

HELD:

Yes. The trial court acted in accordance with the law in exercising said power by fixing the duration of the period on the basis that the payment of the debt should be made at the rate of P200.00 a month.

There was no abuse of judicial discretion in fixing such a rate, considering the importance of the obligatin and the absence of any stipulation of the interest in favor of the creditor.

Article 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.

Sa mga obligasyon condisyonal, ang pagtatamo ng karapatan, pati na rin ang pagtapos o kawala ng mga natamong karapatan  ay nakasalalay sa mga pangyayari ng mga kaganapan na bumubuo ng kundisyon.

Case Illustration: Parks vs Province of Tarlac