Borgonia, Khryzlin May C.
BSBA-FM-1B
SECTION 1
I. Definitions
Define or give the meaning of the following:
1. Condition
- 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. (Article 1179).
2. Civil loss
-Civil loss is when a thing disappears in such a way that its existence is unknown; or even if
known, it cannot be recovered, whether as a matter of fact or of law. (Article 1189).
3. Reciprocal obligations
- Reciprocal obligations ate those which arise from the same cause and in which each part 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. (Article 1191).
4. Pure obligation
-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. (Article 1179).
5. Potestative condition
- Potestative condition is a condition suspensive in nature and which depends upon the sole will
of one of the contracting parties. (Article 1182).
II. Discussions
1. Illustrate an obligation subject to:
a) Suspensive condition
o According to Article 1179, when an obligation is subject to a suspensive condition, the
happening of the obligation will depend upon the fulfillment of the condition.
For example, Lenny will give his ship to Sanji if he wins the cooking competition. This one is a
suspensive condition because, once Sanji fulfilled the condition, which is to win the race, the
obligation will rise which is to Lenny give his ship to Sanji. In other words, the obligation is
suspended until Sanji wins the cooking competition.
b) Resolutory condition
o In Article 1179, resolutory condition or one the fulfillment of which will extinguish an obligation
(or right) already existing. This is demandable at once.
For example, Lenny lets Kie use his ship until he becomes a seaman. This one is a resolutory
condition because Lenny’s obligation is demandable at once which is to let Kie use his ship and
will be extinguished once the condition is fulfilled which is when Kie becomes a seaman.
What is the effect of the fulfillment of the condition in a conditional obligation?
There will be two effect of the fulfillment of the condition in a conditional obligation according to
Article 1181, it can be:
1. Acquisition of rights- this one is in the obligations subject to suspensive condition, the
acquisition of rights by creditor depends upon the happening of the event which constitutes the
condition. In this one, once the condition is fulfilled, an obligation arises.
2. Loss of rights already acquired- this one is in the obligations subject to a resolutory condition,
the happening of the event which constitutes the condition produces the extinguishment or loss
of rights already acquired. In other words, once the condition is done, the obligation will be
terminated or ended.
2. Give two (2) cases when the conditional obligation is valid although the condition depends
entirely upon the will of the debtor. Explain.
1) According to Article 1182, if the obligation is a pre-existing one and does not depend on its
existence upon the fulfillment of the obligation. Here, only the condition will be void while the
obligation is still valid since the existence of the obligation does not depend on the condition’s
fulfillment.
2) Next, according to Article 1182, when a resolutory condition depends upon the will of the
debtor, it is considered valid. Here, the position of the debtor when the condition is resolutory is
the same as that of the creditor when the condition is suspensive.
3. May an obligor be liable under an obligation subject to a suspensive condition although the
condition has not yet been fulfilled? Explain. Yes, according to the Article 1186, if the obligation
is a suspensive condition, and the debtor actually prevents the fulfillment of the condition, and
he acts voluntarily, he can be held liable. The debtor is liable because he voluntarily prevents
the condition to happen to avoid his obligations.
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 once said condition is fulfilled?
When it was a unilateral obligation to suspensive the condition, the fruits belonged to the debtor.
Because according to Article 1187, fruits and interest shall be appropriated by the debtor.
Unless they agreed or stipulated that the fruits will belong to the creditor. While in reciprocal
obligation to suspensive condition, the fruits are deemed mutually compensated. Meaning, the
debtor is not obliged to give the fruits to the creditor, as well as the creditor is not obliged to pay
the interest 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;
o If the thing is lost with the debtor’s fault:
-According to Article 1189, paragraph 2, the debtor is liable to pay the damages that affects the
creditor and the cost of the thing that is lost.
o If the thing is lost without the debtor’s fault:
-According to Article 1189, paragraph 1, the debtor is not liable for any damages and obligation
shall be extinguished. Because no one shall be liable for any fortuitous event.
b) deteriorates with the debtor’s fault; without his fault;
o If the thing deteriorates with the debtor’s fault:
-According to Article 1189, paragraph 4, the creditor may choose between two remedies, it is
either the recission or fulfillment of the obligation. Both included indemnity for damages.
o If the thing deteriorates without the debtor’s fault:
-According to Article 1189, paragraph 3, the value of the thing that will be delivered will
depreciate and the value of the thing will reduce
SECTION 2
I. Definitions
Define or give the meaning of the following:
1. Obligation with a period
-Obligation with a period is one whose effects ore consequences are subjected in one way or
another to the expiration or arrival of said period or term. (Article 1193).
2. Period
-A period is a future and certain event upon the arrival of which the obligation (or right) subject
to it either arises or is terminated. It is a day which must necessarily come, although it may not
be known when, like the death of a person. (Article 1193).
3. Indefinite period
-Indefinite period is a period when it is not fixed or it is not known when it will come. Where the
period is not fixed but a period is intended, the courts are usually empowered by law to fix the
same. (Article 1193).
II. Discussions
1. Has the debtor the right to recover what he has paid to the creditor before the arrival of the
period agreed upon? Explain.
-Yes, but according to Article 1195, it only applies if the debtor is unaware of the period and
believes that the obligation has become due or demandable at once, in this case, it can be
recovered together with the fruits and interests. But the debtor can only recover the payment
before the maturity date comes. And lastly, the debtor cannot recover the payment when he is
aware about the date or period.
2. If an obligation does not state a period for its performance, does a party have the right to ask
a court to fix a period or the duration thereof? Explain.
-Yes, but according to Article 1197, the court may not fix a period if the obligation does not
require a period. The court may only fix a period when no period is fixed but a period was
intended or the duration of the period depends upon the will of the debtor. The court put a period
to avoid the possibility that the obligation may never be fulfilled.
3. Give the cases when the obligee can demand the performance of an obligation even before
the arrival of the period agreed upon. According to Article 1198, the obligee can demand the
performance of an obligation even before the arrival of the period agreed upon:
1) When the debtor becomes insolvent.
o It means that the debtor becomes unable to perform or pay the obligation, unless the debtor
gives a collateral to guarantee and secure the debt. The insolvency must occur after obligation
has been contracted.
2) When the debtor does not furnish guarantees or securities promised.
o It means that the debtor fails to secure his debt or show collateral to the creditor, the debtor
will lose his right to the period.
3) When guarantees or securities given have impaired or have disappeared.
o When the security got destroyed due to the debtor's fault, and when it was destroyed due to a
fortuitous event, the debtor should replace the thing with the same value.
4) When a debtor violates an undertaking.
o This is when the debtor did not follow his undertaking, the right to the period will be lost.
5) When the debtor attempts to abscond.
o This one is when the debtor tries to escape his obligation. His right to the period will be lost.
SECTION 3
I. Definitions
Define or give the meaning of the following:
1. Alternative obligation
-Alternative obligation is one wherein various prestations are due but the performance of one
of them is sufficient as determined by the choice which, as a general rule, belongs to the debtor.
(Article 1200).
2. Facultative obligation
-Facultative obligation is one where only one prestation has been agreed upon but the obligor
may render another in substitution. (Article 1206).
3. Conjunctive obligation
-Conjunctive obligation is on where there are several prestations and all of them are due.
(Article 1199).
II. Discussions
1. What are the limitations on the right of choice of the debtor in alternative obligations?
Illustrate one such limitation.
-According to Article 1200, the debtor has a right of choice but the debtor cannot choose
prestations that is impossible, unlawful or which could not have been the object of the
obligation.
For example, Nami promised to deliver to Chopper an unregistered gun, a laptop or a one
smartphone. Here, chopper is only limited to choose the laptop and the smartphone. Since
having an unregistered gun is violation of the law and considered unlawful.
2. Give the situation when the debtor is given the option either to exercise his right of choice or
to rescind the contract with damages.
-According to Article 1203, if through the creditor’s fault, the debtor cannot make a choice
according to the terms of the obligation. The debtor can exercise his right or to rescind the
contract with damages.
3. State the legal effects in case:
a) some of the objects of the obligation are lost through the fault of the debtor who has the right
of choice; oBased on Article 1204, if some of the objects have been lost or become impossible
through the debtor’s fault, he is not liable since the debtor has the right of choice and the
obligation can still be performed.
b) all are lost through his fault. oIn Article 1204, if all of the objects have been lost or become
impossible through the debtor’s fault, the creditor has the right for indemnity for damages, since
the obligation cannot be performed anymore.
SECTION 4
I. Definitions
Define or give the meaning of the following:
1. Joint obligation
-Joint obligation or one where the whole obligation is to be paid or fulfilled proportionately by
the different debtors and/or is to be demanded proportionately by the different creditors. (Article
1207-1208).
2. Solidary obligation
-Solidary obligation or one where each one of the debtors is bounded to render, and/or each
one of the creditors has a right to demand from any of the debtors, entire compliance with the
prestation. (Article 1207-1208).
3. Active solidarity
-Active solidary is solidarity on the part of the creditors, where any one of them can demand
the fulfillment of the entire obligation. (Article 1207-1208).
4. Joint indivisible obligation
-The obligation is joint because the parties are merely proportionately liable. It is indivisible
because the object or subject matter is not physically divisible into different parts. (Article 1209).
5. Solidary divisible obligations
-Solidarity may exist although the creditors and the debtors may not be bound in the same
manner and by the same periods and conditions. (Article 1211).
II. Discussions
1. If there are two (2) or more debtors in one and the same obligation, is their liability joint or
solidary? Explain.
-According to Article 1207, there is only solidary liability, when the obligation expressly so
stated, or when the law or the nature of the obligation requires solidarity. But they somehow
similar and different with each other. In a joint obligation, all debtors will do the obligation
proportionally. While in solidary obligation, only one debtor is bound to pay for the entire
obligation, then that debtor can reimburse his payment from the other debtors.
2. In case of active solidarity, to whom shall the debtor or debtors make payment?
-According to Article 1214, the debtor may choose which creditor he will pay first, but if one of
the creditor makes a demand, it is either judicial or extrajudicial, the payment should be made to
him first.
3. Give the effect of the condonation or remission of a debt by one of several creditors where:
a) the obligation is joint;
o According to Article 1215, when the obligation is joint, the condonation will only affect the
share of the certain debtor. The obligation of the debtor will not be extinguished and the
co-debtors will still have to pay their proportionate shared.
b) the obligation is solidary.
o According to Article 1215, the creditor who make the condonation and remission is the one
liable to the other creditors for their shares.
4. In case a remission is made by a creditor of the share of one of the solidary debtors, is the
said debtor released from responsibility to his co-debtor/s? Explain.
-According to Article 1219, the debtor is not released from his responsibility to his co-debtors.
Because when one of the co-debtors become insolvent, he still has the responsibility to pay the
share for the insolvent debtor.
5. Suppose a solidary debtor obtained remission of the whole obligation, is he entitled to
reimbursement from his co-debtor/s? Explain.
-According to Article 1220, the remission of the whole obligation obtained by one of the
solidary debtors, does not entitle him to reimbursement from his co-debtors. Since he did not
pay anything in the first place, he does not have the right to reimbursement from his co-debtors.
SECTION 5
I. Definitions
Define or give the meaning of the following:
1. Divisible obligation;
-Divisible obligation is one the object of which, in its delivery or performance, is capable of
partial fulfillment. (Article 1223).
2. Indivisible obligation;
-Indivisible obligation is one the object of which in its delivery or performance, is not capable
of partial fulfillment. (Article 1223).
3. Legal indivisibility.
-Legal indivisibility is where a specific provision of law declares as indivisible, obligations
which, by their nature, are divisible. (Article 1225).
II. Discussions
1. Explain: The divisibility of an obligation is different from the divisibility of the thing which is the
object thereof.
-According to Article 1223, the divisibility of an obligation refers to the performance of the
obligation which constitutes the object of the obligation, means if it the obligation itself can be
performed partially. While, the divisibility of the thing talks about the object itself, if it can be
shared proportionally.
2. What obligations are deemed indivisible?
-According to Article 1225, obligations are deemed indivisible when:
1) Obligations to give definite things. o It is based on the nature of the subject matter.
o Example: To give a specific car.
2) Obligations which are not susceptible of partial performance. o When the performance should
be performed one time as a whole.
o Example: To sing a song in a concert.
3) Obligations provided by law to be indivisible even if thing or service is physically divisible. o
Obligations are deemed indivisible if the law states that the obligation is indivisible even though,
by their nature, they are divisible.
o Example: Payment of tax.
4) Obligations intended by the parties to be indivisible even if thing or service is physically
divisible. o When the parties wants the obligation should be indivisible or performed one whole
at a time.
o Example: Ressy to give 23,000 to Garp on January 2, 2021.
3. What obligations are deemed divisible? According to Article 1225, obligations are deemed
divisible when:
1) Obligations which have for their object to execution of a certain number of days of work. o
Example: Renovating a mansion.
2) Obligations which have for their object the accomplishment of work by metrical units.
o Example: Fina, Ressy, and Ace oblige themselves to deliver 600 gallons of water.
3) Obligations which by their nature are susceptible of partial performance.
o The obligation of Ed Sheeran to performs a three-night concert.
