Article 1193

Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes.

Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain.

A day certain is understood to be that which must necessarily come, although it may not be known when.

If the uncertainty consists in whether the day will come or not, the obligation is conditional, and it shall be regulated by the rules of the preceding Section. (1125a)

Ang mga obligasyon na kung saan ang katuparan ay naitakda na sa tiyak na araw ay mahihingi lamang sa pagdating ng araw na naitakda.

Ang mga obligasyon na may resolutory period ay magkakabisa agad, ngunit ito ay matatapos sa pagdating ng tiyak na araw.

Ang tiyak na araw ay malinaw na kailangang dumating, bagaman maaaring hindi alam kung kailan.

Kung may pag-aalinlangan sa pagdating ng araw na ito o hindi, ang obligasyon ay kondisyonal, at ito ay pinapatakbo ng patakaran ng susunod na seksyon.

Discussion:

Period and term have the same meaning and are used interchangeably.  It consists in a space or length of time upon the arrival of which, the demandability or extinguishment of an obligation is determined.

General classification of terms or period in Roman Law

1. Ex Die – a term or period with a suspensive effect, which means the obligation becomes effective only from the arrival of a certain day.

Illustration: Joey promises to support Rachel from the death of Rachel’s father, which means the obligation only begins from the death of Rachel’s father.

2. In Diem – a term or period with a resolutory effect, which means the obligation will subsist up to a certain day and it terminates upon the arrival of that day.

Illustration: Joey promises to support Rachel until Rachel reaches her majority age, which means the obligation is already effective but will terminate once Rachel turns 18.

Other classifications:

1. Legal – when period is fixed by law;

2. Voluntary – when the period is agreed upon by the parties;

3. Judicial – when the period is fixed by the court for the performance of the obligation or for its extinguishment

“On or About Period”

“On or about” a given date means only a few days after the stated date, but not a remote date or one fixed by the obligor.

Requisites for a valid term or period:

1. It must be future;

2. It must be certain, that is, sure to come but may be extended by mutual agreement;

3. It must be possible physically and legally.

Case Illustration:  Compañia General De Tabacos De Filipina vs. Araza (7 Phil 455)

Article 1194

In case of loss, deterioration or improvement of the thing before the arrival of the day certain, the rules in Article 1189 shall be observed.

Sa oras ng pagkawala, pagkasira o pagpapabuti ng gamit bago dumating an tinakdang araw, ang mga patakaran na nasa Artikulo 1189 ang dapat sundin.

Discussion:

This article speaks of loss, deterioration or improvement of the thing before the arrival of the day certain.

 

Condition of the Thing	Effect
Lost*
Without fault of the debtor	Obligation is extinguished
Fault of the debtor	Obligation to pay damages
Deteriorates
Without fault of the debtor	The impairment is borne by the creditor
Fault of the debtor	The creditor may choose to rescind with indemnity for damages, or have it fulfilled, but still with indemnity for damages
Improvement
By its nature	Inures to the benefit of the creditor
At the expense of the debtor	The debtor shall have no other right than that granted to the usufructuary.

*It is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered.

Illustration:

Jay obliged himself to sell his yacht to Zola at half its purchasing price on Zola’s graduation, provided Zola graduates on time. On April 25, 2016, Zola graduated, on time and with honors. However, the day before his graduation, Typhoon Hayan destroyed the yacht. Since the loss happened before the day certain, and the loss was due to a fortuitous event, the obligation of Jay to sell his yacht to Zola is extinguished.

Article 1195

Anything paid or delivered before the arrival of the period, the obligor being unaware of the period or believing that the obligation has become due and demandable, may be recovered, with the fruits and interests. (1126a)

Anumang bagay na nabayaran o naipadala bago dumating ang takdang panahon, ang nangutang na hindi alam ang takdang panahon o naniniwalang ang obligasyon ay tapos na at nagawa na, ay maaring maibalik pa kasama ang bunga at interest.

Discussion:

*Situations when there can be no recovery even if conditions in the article are present;

1. When the obligation is reciprocal and there has been premature performance on both sides;
2. when the obligation is a loan on which the debtor is bound to pay interest: and.
3. When the period is exclusively for the benefit of the creditor because the debtor by paying in advance loses nothing.

Note: There is no case indicated on this article.

Illustration:

On December 10, 2015 Nitzel owed 150,000.00 to Digna then the debtor agreed to pay the sum of 150,000.00 with 1% monthly interest or 12% per annum. Then on January 5, 2016 Nitzel thought that her obligation is already due and demandable therefore she paid her debt to Digna with the sum of 150,000.00 plus the 12% interest. On this case, since Nitzel is unaware of the period, she can recover the interest that she paid to Digna because it state on this article that “the obligor being unaware of the period or believing that the obligation has become due and demandable, may be recovered, with the fruits and interests.”