DIFFERENT KINDS OF OBLIGATION

Pure and Conditional Obligation

 Pure Obligation – is one which is not subject to any condition and no specific date is mentioned
for its fulfilment and is, therefore, immediately demandable.
Example: D obliges himself to pay C P1000. The obligation is immediately demandable because
there is no condition and no date is mentioned for its fulfilment.

 Conditional Obligation – is one whose consequences are subject in one way or another to the
fulfilment of a condition.
o 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.

Two principal kinds of condition

1. Suspensive condition (condition precedent or condition antecedent) – or one the fulfilment

of which will give rise to an obligation (or right). In other words, the demandability of the
obligation is suspended until the happening of the uncertain event which constitutes the
condition.
Example: I will sell you the land if it is adjucated to me in the division of my deceased
father’s estate. My obligation is demandable only after the condition is fulfilled – my
becoming he owner of the land. In the meantime, I am not liable to you.

2. Resolutory condition (condition subsequent) – or one the fulfilment of which will extinguish
an obligation (or right) already existing.
Example: D, in payment of his debt to C, binds himself to give C P3,000 monthly allowance
until C graduates from college. D’s obligation is demandable now but it shall be extinguished
or terminated upon the happening of the resolutory condition – C’s graduating from college.

Classification of conditions

1. As to effect:
a. Suspensive – the happening of which gives rise to the obligation
b. Resolutory – the happening of which extinguishes the obligation

2. As to form:
a. Express – the condition is clearly stated
b. Implied – the condition is merely inferred

3. As to possibility:
a. Possible – the condition is capable of fulfilment, legally and physically
b. Impossible - the condition is not capable of fulfilment, legally and physically
Two kinds of impossible condition
1. Physically impossible condition – when they, in nature of things, cannot exist or
cannot be undone
Examples: “I will pay you P10,000 if it will not rain for one year in the
Philippines.”
“I will pay you P10,000 if you can carry twenty canvas of pay on your shoulder.”
 2. Legally impossible conditions – whn they are contrary to law, morals, good
customs, public order, or public policy.
Examples: X will give Y P1,000 if Y –
- Will kill Z (against the law)
- Will be the common-law wife of X (against morals)
- Will slap his father (against good customs)
- Will publicly advocate the overthrow of the government (against public
order
- Will not appear as a witness against X in a criminal case (against public
policy)

4. As to cause or origin:
a. Potestative – the condition depends upon the will of one of the contracting parties
b. Casual – the condition depends upon chance or upon the will of a third person
Example: (1) Where X, building contractor, obliges himself in favour of Y, owner, to
repair at X’s expenses any damage that may be caused in the building by any
earthquake occurring within 10 years from the date of the cpmpletion of its
construction.
(2) Where S binds himself to sell his land to B if he wins a case which is pending
before the supreme court.
c. Mixed – the condition depends partly upon chance and partly upon the will of a
third person
Example: Where X, building contractor, obliges himself in favour of Y, owner, to
repair at X’s expenses any damage to the building taking place after an earthquake if
found by a panel of arbitrators that construction defects contributed in any way to
the damage.

5. As to mode:
a. Positive – the condition consists in the performance of an act
The obligation is extinguished:
(1) As soon as the time expires without the vent taking place
(2) As soon as it has become indubitable that the event will not take
place although the time specified has not expired

Example: X obliges himself to give B P10,000 if B will marry C befre B

reaches the age of 23.

(a) X is liable if B marries C before he reaches the age of 23.

(b) X is not liable if B marries C at the age of 23 or after he
reaches the age of 23. In this case, the time specified,
before reaching the age of 23, has expired without the
condition (marrying C) being fulfilled. The obligation is
extinguish as soon as B becomes 23 years old
(c) If B dies at the age of 22 without having married C, the
obligation is extinguished because it has become
indubitable that the condition will not take place. IN this
case, the obligation of X is deemed extinguish from the
 death of B, although the time specified (before reaching the
age of 23) hase not yet expired.
b. Negative – the condition consists in the omission of an act
The obligation shall become effective and binding:
(1) From the moment the time indicated has elapsed without the event
taking place
(2) From the moment it has become evident that the event cannot
occur, although the time indicated has not yet elapsed.

Example: X binds himself to give B P10,000 if B is not yet married to C on

December 30.

(a) X is not liable to B if B marries C on December 20 or prior

thereto
(b) X is liable to B if on December 30, B is not married to C and
if B marries C after Dec. 30. In the latter case, the condition
(not marrying C) is fulfilled upon the expiration of the time
indicated, which is Dec. 30
(c) Suppose C dies on Nov. 20 without having been married to
B. The obligation is rendered effective because it is certain
that the condition not to marry C will be fulfilled. In this
case, the obligation becomes effective from the moment of
C’s death on Nov. 20 although the time indicated has not
yet elapsed.

6. As to numbers:
a. Conjunctive – there are several conditions and all must be fulfilled
b. Dysjunctive – there are several conditions and only one or some of them must be
fulfilled

7. As to divisibility:
a. Divisible – the condition is susceptible of partial performance
b. Indivisible – the condition is not susceptible of partial performance

 Kinds of loss
Loss incivil law may be:
(1) Physical loss – when a thing perishes as when a house is burned and
reduce to ahses
(2) Legal loss – when a thing goes out of commerce (e.g., when it is
expropriated) or when a thing heretofore legal becomes illegal (e.g.,
during the Japanese occupation, American dollars had become
impossible since their use was forbidden by the belligerent
occupant)
(3) 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 particular ring is dropped from a ship
at sea) or of law (e.g., a property is lost through prescription)
 Kinds of obligation according to the person obliged
They are:
(1) Unilateral – when only one party is obliged to comply with a prestation.
(2) Bilateral – when both parties are mutually bound to each other. In other words, both parties
are debtors and creditors of each other
(a) Reciprocal obligation – are those which arise from the same
cause and in which each party is a debtor and ceditor of the
other, such that the performance of one is designed to be
the equivalent and the condition for the performance of the
other.
Example: In contract of sale, in the absence of any
stipulation, the delivery of the thing sold by the seller is
conditioned upon the simultaneous payment of the
purchase price by the buyer, and vice versa.
The seller is the creditor as to the price and debtor as to the
thing, while the buyer is the creditor as to the thing and
debtor as to the price.
(b) Non-reciprocal obligation – are those which do not impose
simultaneous and correlative performance on both parties.
In other words, the performance of one party is not
dependent upon the simultaneous performance by the
other.
Example: X borrowed from Y P5,000. Y, on the other hand,
borrowed X’s car. The performance by X of his obligation to
Y is not conditioned upon the performance by Y of his
obligation and vice versa.
Although X and Y are debtors and creditors of each other,
their obligations are not reciprocal. The obligation of X
arises from the contract of commodatum. The obligations
are not dependent upon each other and are not
simultaneous. Article 1191 applies only if the reciprocity
arises from the same cause.