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. (1118)
Ang obligasyon para sa kondisyon na may mga pangyayari na hindi magaganap sa nakatakdang panahon ay magkakaroon lamang ng bisa mula sa pagkalipas ng oras na nakasaad or kung naging malinaw na hindi na ito maaaring mangyari.
Sakaling walang panahon ang naitakda, ang kondisyon ay dapat ituring na nangyari na sa panahong napagnilayan, nang may pagsangalang-alang sa kalikasan ng obligasyon.
Discussion:
The condition that some even will not happen at a determinate time will make the obligation effective when:
a.) the determinate time has elapsed without the event having occured;
Illustration: Jun obligated himself to deliver a piece of land to Mario on the condition that Mario shall not run for Vice-Mayor in their municipality within 9 years.
More than 9 years had elapsed without Mario running for Vice-Mayor. The obligation to deliver the piece of land becomes effective.
b.) it has become evident that the event will not occur.
Illustration: Jun obligated himself to deliver a piece of land to Mario on the condition that Mario shall not run for Vice-Mayor in their municipality within 9 years.
Before 9 years had elapsed, the Municipality became totally submerged by lahar and ceased to be a municipality. The residents had to transfer to other municipalities. In this case, even before the lapse of 9 years it is clear that the obligation has become effective because of the disappearance of the Municipality. It is not evident that Mario can never run for Vice-Mayor anymore in that Municipality because it ceased to be one.