Section 1 Pure and conditional obligations 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. -yung mga obligasyon na hindi naka depende sa future or hindi sure na mga pangyayare o mga past na hindi alam ng bawat parties ay demandable or kailangan nilang gawin agad -Pure obligations Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event -Yung mga obligasyon na may resolutory condition ay demandable din anytime na hindi isina alang alang kung anong mangyayare sa hinaharap 2 classifications of obligation: Primary obligation Secondary obligation Primary 1. Pure and conditional obligations 2. Obligations with a period 3. Alternative and facultative obligations 4. Joint and solidary obligations 5. Divisible and indivisible obligations 6. Obligations with a penal cause Secondary obligation 1. Unilateral and bilateral obligations 2. Real and personal obligations 3. Determine and generic obligations Pure obligations - Walang kondisyon/Not subject to any condition - No specific date is mentioned for its fulfilment - immediately demandable -Duration is depend on nature of obligation and circumstances -Upon demand of the creditor Ex. I promise to give you 5,000 (no specific term or condition, therefore it is demandable ) Conditional obligations - consequences are subject in one way or another (magagawa or hindi) - Subject to condition Future or uncertain event Past and unknown - Must not be impossible Ex. Passing the subject oblicon (hindi mo sure kung makakapasa ka, pero hndi rin naman sya imposibleng mangyare, sa future pa mangyayare) Two principal kinds of condition Suspensive condition Condition Precedent- earlier event/action Condition Antecedent- thing/event that happened before -Hindi ka makakpag demand hanggat hindi pa nangyayare yung obligation ex. I will give maria a 10k pesos if she passed the major exam, the obligation is demandable only the time maria take the exam and passed it. Resolutory condition - Immediately demandable (anytime pwede mag demand) - Kapag nafulfill na yung dapat gawin, nawawala na yung obligation Ex. Cedric and yesha enters into a valid employment contract. The contract says that if the employee commits a crime, it will be the end of the contract. Mr. Cedric can demand the immediate leave of Yesha after the committed crime. When obligation is demandable at once 1. When it is pure (any condition or any period) 2. when it is subject to a resolutory condition 3. When it is subject to a resolutory period Past events unknowns to the parties -Kapag hndi alam ng parties yung past events, hindi pa dapat gawin yung obligation sa present ex. Binenta ni clyde and lupa na pamana sknya ng nanay nya kay alexa. Ngunit hndi nya alam na may dapat pang bayaran na mga papeles sa lupa na naiwang utang ang nanay nya. Hindi nya maibebenta ang lupa hanggat hndi pa nya binabayaran ang nasabing utang na hndi nya rin alam. Kailangan nya muna mabayaran ang utang upang tuluyang mabenta ang lupa 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 - Kapag kaya na bayaran ng obligor yung utang nya, ibig sabihin may period na nakalaan para bayaran nya ito -Immediate demandable -10 yrs. prescriptive period When duration of period depends Upon the will of the debtor Period -Future and certain event -Obligation either arises or extinguished (magagawa or hindi magagawa) Ex. On march 10, sa katapusan 1. The debtor promises to pay when his means permit him to do so -Duration of the period only (hndi naiiwan sknya yung obligation na magbayad ba or hndi kasi bind naman tlga sya magbayad ang naiiwan lang is yung gaano katagal sya magbabayad) -If hndi sla mag agree sa isa't isa court na ang bahala 2. Other cases -when the debtor binds himself to pay " "little by little" "as soon as possible" "from time to time" "at any time I have money" "in partial payments" "when I am in position to pay" 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 constitute the condition -ano ang effect kapag nangyare ang condition - kapag nagawa or hindi yung condition, nakadepende sa kalalabasan ng mangyayare sa nakalagay sa kondisyon Suspensive - karapatan to demand once na mangyare yung obligation Resolutory - once tapos na yung condition tapos na rin yung obligation hndi na makakapag demand 1. Acquisition of rights - future and certain events (suspensive condition, cannot demand) Ex. DJ bind himself to give 10,000 pesos to hazel if hazel can make icerry fall inlove. 2. Loss of rights already acquired (resolutory condition, can demand anytime the period as long as hndi pa terminated) Ex. Loraine binds himself to buy a laptop to coleen in an installment basis. Once the installment payment is complete the obligation shall be extuingished. Article 1182 When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provision of this code -Pinauusapan na dito is yung fulfillment ng obligation, kapag will ng debtor ang pinaguusapan or sya lang yung magdedesisyon kung kailan nya mafufulfill yung obligation, VOID yun. Kasi dapat sya yung mag gagawa ng obligation once na sya yung nagdesisyon parang illusionary lang yung obligation. Kasi hindi sya easily demandable. Walang juridical tie na nangyare. - If may involve naman na 3rd party in order to fulfill the obligation, mag take effect yung obligation depende sa naging desisyon nung 3rd party Potestative condition - Suspensive in nature Sole will of one of the contracting parties Condition is dependent on either debtor/creditor Depende kung sno yung may will na ifulfill yung condition si debtor ba or creditor Where suspensive condition depends upon will of the debtor (void) - Yung debtor kasi pabor sakanya lagi na hndi gawin yung obligation Naturally inclined Conditional obligation is void Ex. I will pay the debt I have from you if I won in the lottery Only the condition is void - May chance kasi na void yung condition pero valid yung obligation Ex. Leah borrowed to manuel a 5,000 pesos within 2 weeks. She also promise that she will pay manuel after she win in a gamble which manuel agreed. Only the condition is void but the obligation si valid. Where suspensive condition depends upon the will of the creditor (valid) - Kung naka depende naman kay creditor yung will VALID yung obligation. Kasi nga creditor is always interested Ex. I will pay my indebtedness to you if you demand for it Where resolutory condition depends upon will of debtor (valid) Casual Condition (valid) - Depende sa chance or will ng 3rd person nagiging valid yung obligation Ex. A will give Php 30,000 to B, IF they won the case Mixed Condition (valid) - Depende sa chance partly and partly sa will ng 3rd person Ex. I will give you my house if you marry Carolina 1. If napatunayan na papaksalan nya talaga si Carolina or may singsing na binigay 2. If pumayag na bibigay talaga yung bahay if napakasalan Where suspensive condition depends partly upon will of debtor (valid) - Depend upon the will of the debtor and partly upon the will of a third person If condition is depend upon the debtor the obligation is VOID. Condition is same upon the will of the debtor (sa kanya kasi naka laan kung matutuloy or hindi yung obligation sa suspensive) Article 1183 Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. If the obligation is divisible, the part thereof which is not affected by the impossible or unlawful condition shall be valid. - Eto yung mga kondisyon na hindi dapat gawin kasi imposibleng gawin or bawal sa mata ng batas, or hindi nakakabuti para sa iba. Kung divisible yung obligation, meaning partly ay hndi affected ng impossible obligation yung hndi affected ay valid. The condition not to do an impossible thing shall be considered as not having been agreed upon - Yung mga kondisyon na wag gawin yung imposibleng bagay ay valid or hindi napagkasunduan - Suspensive condition Obligation already constituted (naipatupad na) Nag exist na yung impossibility nung time na naisapatupad yung obligation Two kinds of impossible conditions 1. Physically impossible conditions - Impossible in nature Ex. I will pay you 20,000 if you carry your whole family 2. Legally impossible conditions - Contrary to law Ex. I will give you 100,000 if you walk in green lights in pedestrian lane. Effect of impossible conditions 1. - Conditional obligations void Impossible conditions annul the obligation Both condition and obligation are void If alam na ni obligor na hndi nya mafufulfill obligation nyaa, di na nya gagawin yun. Ex. I will give you 15,000 if you spit your saliva in our teacher’s face 2. Conditional obligation valid - Condition is negative - Not to do an impossible thing - It is pure and valid Ex. I will give you 2,000 if you do not kill Ariana 3. Only the affected obligation void - If divisible - Yung part na hndi affected ng impossible condition ay valid Ex. I will give you 6,000 if you get my laptop in my locker, and a cellphone if you stab nikka Valid- Obligation to give 6,000 Void- Obligation to give a cellphone because it is dependent upon an impossible obligation which is stabbing nikka 4. Only the condition is void - Obligation is pre-existing - Magkahiwalay yung obligation saka condition, pasabit nalang yung condition Ex. Pau borrowed 7k to Karl. If karl agreed to stole a phone to reigne before pau will pay him. Void- condition to stole a phone from reigne Valid- To pay karl 7,000 Article 1184 The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place. -ito yung usapan o kondisyon na kailangan matuloy para matupad yung usapan o yung kontrata. At yung mga sitwasyon na hindi na ma prepredict o maawat kung kelan mapapasawalang bisa yung mga na pagkasunduan. It refers to positive (suspensive) condition- it is the condition consists in the performance of an act or the happening of an event at a determinate time also it is the obligation to do. ( ito yung mga kondisyon or masususpend muna na saka mo makukuha ang nakalagay sa kontrata kapag natupad mo yung napagkasunduan) the obligation extinguished or stop or ma end when: 1. As soon as the time expires without the event taking place- maaring mapasawalang bisa na yung condition kapag na reach na yung nasa kontrata na time tapos di pa nagagawa ng obligor yung obligation or yung kundisyon. 2. As soon as it has become indubitable that the event will not take place although the time specified has not expired. (indubitable is mga hindi na maawat na pangyayare. So maaring ma extinguished or ma stop na yung obligation kapag may hindi inaasahang pangyayare ang mangyayare sa may obligor kahit di pa expired yung napagusapan sa may kontrata in short hindi na magagawa ng obligor yung dapat na obligation nya) Example: Lea (obligor) obliged herself to give jm (oblige) a brand new car if he got 1.00 in his all subject until his graduation. So lea (obligor) is liable if jm (oblige) got the grade 1.00 in his all subject until his graduation. Lea (obligor) is not liable if jm got 1.25 grade when he is already graduated. In this case, the time specified which is until his graduation so the condition is expired without being fulfilled. The obligation is extinguished as soon as jm already graduated. So if jm (oblige) decided to stop in studying the obligation is extinguished because it has become indubitable that the condition will not take place. Article 1185 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 - So dito mapapasakatuparan yung kondisyon kapag hindi nangyare base sa kung ano yung napagusapan na may specific na date or natupad so dun na magiging effective yung kondisyon na napagusapan. O maaring naging maliwanag na hindi talaga mangyayare yung kondisyon na napagusapan. And if wala namang napag usapan o naitakda na specific na date iaassume na natupad na yung obligasyon sa kung kelan nila napagisipan base na lang sa nature ng obligation. Article 1185 refers to the negative condition- it is an event will not happen at a determinate time also it is not to do. The obligation shall become effective and binding: 1. From the moment the time indicated has elapsed without the event taking place Dito kapag ka na expired o lumagpas na yung date sa kondisyon nila dun na magiging effective yung napagusapan. Example: Lito (obligor) obliged himself to give her daughter Ana (oblige) a ticket trip to japan in the condition that Ana (oblige) will not be pregnant until she graduated college at 2022. So Ana already finished her studies in college of not getting pregnant in that case the obligation of Lito (obligor) to her daughter Ana (oblige) to give a ticket trip to japan becomes effective. 2. From the moment it has become evident that the event cannot occur although the time indicated has not yet elapsed. Dito naman kahit di pa lumalagpas or na eexpired yung napagusapan nyo na date basta may di inaasahan na nangyare clear na di na mangyayare yung kung ano dapat yung kondisyon nyo. Example: Lito (obligor) obliged himself to give her daughter Ana (oblige) a ticket trip to japan in the condition that Ana (oblige) will not be pregnant until she graduated college at 2022. Before Ana (oblige) graduated had elapsed, she go in the doctor for her check-up because of her irregular menstruation and the doctor said that the result of her irregular menstruation will lead to her for having a no child. In this case, even before the lapse of 9 years it is clear that the obligation has become effective because of the result of her check-up. It is evident that Ana can never be pregnant anymore so that the obligation of his father will be effective. Article 1186 The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment - Dito walang actual fulfillment by the debtor sa kanyang obligasyon pero the law considered that it will be fulfilled because yung obligor voluntarily prevents its fulfillment. Article 1186 refers to constructive fulfillment of suspensive condition- refers to an obligation prevented by the obligor from happening. There are 3 requisites for the application of this article. 1. The suspension must be suspensive If di siya suspensive so hindi mo sya pwede e apply dito. 2. The obligor actually prevents the fulfillment of the condition Ito yung debtor is prinevent nya na agad para di mangyare yung condition and also para di sya maging liable. 3. He acts voluntarily Ito yung pinaka important na requisites kasi dapat voluntary yung kanyang pagprevent nung obligation. Intent to Prevent Compliance – The law does not require that the obligor acts with malice or fraud as long as his purpose is to prevent the fulfillment of the condition. He should not be allowed to profit from his own fault or bad faith. (so ito nga yung the laws considered nga kahit walang actual fulfillment by the debtor dahil sa kanyang pagkukusa na ma prevent yung fulfillment it is as is na nafulfill. Also sa article 1186 wala naman na mention na may malice or fraud as long as the obligor purposes is to prevent the fulfillment of the condition and it is voluntary) Example: Erica (obligor) agreed to give trisha a 10% commission if trisha find a supplier to buy his ukay bundle at a certain price. So trisha (oblige) already found a supplier who definitely decided to buy the ukay bundle. So to evade the payment of the commission agreed upon, Erica (obligor) herself sold directly to the supplier at a lower price without the aid of trisha (oblige) para mabawasan nya yung commission ng ahente na si trisha sya na lang dumirekta sa may supplier which is yung buyer. So in this case the condition imposed by Erica (obligor) kay agent which is Trisha na maghanap ng buyer para mabigyan ng 10% commission is deemed fulfilled. It means liable na si Erica (obligor) to give a commission to the agent which is Trisha (oblige) even though si agent or trisha is hindi talaga sya yung nagbenta this is the constructive fulfillment. Constructive fulfillment of resolutory condition - When the obligation is subject to resolutory condition and the obligee unjustifiably provokes the agreement. It will not be considered fulfilled and there will be no extinguishment of rights. The obligee cannot be excused from non-compliance of the obligation. (HELP PARA SA MAY PINAKA MEANING NAGAWAN KO EXAMPLE PERO NAHIHIRAPAN AKO EXPLAIN SA PINAKA MEANING NG MADALIAN) Resolutory- the happening of the condition extinguishes the obligation already existing. Example: The CEO (oblige) of the company bind himself to lend his car to his new driver (obligor) until he worked for the company. The obligation to lend is immediately demandable. So the new driver right over the car is extinguised or mag end when he is no longer the driver of the company so that the driver is obliged to return the car to the CEO. Article 1187 The effect of a conditional obligation to give, once the condition has been fulfilled, shall retroact to the day of the constitution of the obligation. Nevertheless, when the obligation imposes reciprocal prestations upon the parties, the fruit interest during the pendency of the condition shall be deemed to have been mutually compensated. If the obligation is unilateral, the debtor shall appropriate the fruits and interest received, unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same was different. In obligation to do and not to do, the court shall determine, in each case, the retroactive effect of the condition that has been complied with. (PAHELP ULIT PAANO MAPAPADALI YUNG SA MEANING NG ARTICLE HIHI basta it pre supposes na nafulfill na yung suspensive condition and this article talks about the effects and the effects is retroactive) It refers to retroactive effects of the fulfillment of suspensive condition- means nagbabalik tanaw ka, ni rerecon mo yung past or from the past. Retroactive effects in obligations to give. Once the condition is fulfilled, the effects of the conditional obligations shall retroact to the day of the constitution of the obligation and not on the date when the condition was fulfilled. ( the obligation to give will not be demandable until or unless nangyare na yung suspensive condition so the effects is mag reretro act so it means hindi sa happening ng kondisyon kundi kung kelan ba na constitute yung obligation) Remember!! The condition is just an accidental element of a contract because hindi sya kasama sa contract itself. Also the provision itself will exist even without the condition. Example: On November 9, 2021 cheese (obligor) agreed to give heart (oblige) a brand new car if she win miss earth pageant on December 2021, if heart won the pageant in December 2021, he is entitled to the car effective November 9, 2021 because heart right over the car retroacts to the date when the obligation was constituted. IN SHORT THE OBLIGATION BECOMES EFFECTIVE FROM THE DAY IT WAS CONSTITUTED. In obligation to do or not to do, there is no fixed rule as regards the retroactive effect. With respect to the retroactive effect of fulfillment of suspensive condition there is no fixed rules is provided (However pwede din iapply yung principles of retroactivity so here habang sinasagawa palang ung case sa court wala pang pasahan ng title. Retroactive effects as to fruits and interests in obligations to giveThe effect of conditional obligation to give as a rule do not retroact to the date of the constitution of the obligation. The following rules shall govern: 1) In reciprocal obligation (like a contract of sale) - the fruits and interest during the pendency of the condition shall be deemed to have been mutually compensated. There is no retroactivity because the fruits and interests received during the pendency of the condition are deemed to have been mutually compensated. (dito is walang retroactivity effect or pagbabalik tanaw kasi yung fruits at interes na sinasabi dito ay nakasalalay sa condition nila at kapwa nila binayaran. ) Example: cheese agrees to sell and heart agrees to buy cheese parcel of land if heart won the miss earth pageant on December 2021. If heart won the December 2021, the obligation becomes demandable. Heart is entitled to all the interests that her money (with which to pay cheese) may earn while cheese is entitled to the fruits which the parcel of land may have produced during the pendency of the condition. 2) In unilateral obligation - the debtor shall appropriate the fruits and interests received during the pendency of the condition unless a contrary intention appears. Example - cheese agreed to give heart a parcel of land if heart won the pageant on December 2021. Pending the happening of the condition, cheese is entitled to the fruits which the land may produce heart will deliver only the parcel of land if the condition is fulfilled, unless a contrary intention appears. Article 1188 The creditor may, before the fulfillment of the condition bring the appropriate actions for the preservation of his right. The debtor may recover what during the same time has paid by mistake in case of suspensive condition. - Sinasabi dito is the pending the fulfillment of the suspensive condition, the parties have the rights to preserve their rights. Dito yung creditor or nagpautang is maaring gumawa ng hakbang bago matupad yung condition upang mapanatili yung kanyang karapatan. At ang debtor o nangutang ay pwede nyang mabawi yung mga nabayad nya kung ito ang isang pagkakamali sa pagpigil ng kondisyon. Rights of creditor -authorizes the creditor to take any appropriate actions for the preservation of creditor's right during the pendency of the condition. (dito anuman naangkop na aksyon ng cridetor is pwede as long as na proprotect nya yung right nya as a oblige) Example: On November 9, 2021 cheese (obligor) agreed to give heart (oblige) a brand new car if she win miss earth pageant on December 2021, so habang si heart is hindi pa nananalo sa pageant so cheese protect his right as a creditor, so cheese annotate the obligation in the certificate of title in registry of property. Rights of debtor -He is entitled to recover what he has paid by mistake prior to the happening of the suspensive condition. ( so na aallow ung right na to ng debtor if ung creditor is hindi na fulfill yung condition nila o napagkasunduan so it is the case of solution indebti) Example: On November 9, 2021 cheese (obligor) agreed to give heart (oblige) a brand new car if she win miss earth pageant on December 2021, so as sa obligor or debtor so si cheese akala niya nanalo kana yun pala elimination palang tapos napadala nya na sayo yung susi ng brand new car so that cheese the debtor may recover what he give because the condition is not yet fulfill. Article 1189 When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: Kung ang kondisyon o kasunduan ay naipatupad na at ang layunin nito ay ipagpaliban ang mga pananagutan ng pagbibigay ng mga ito , ang mga sumusunod ay dapat ipatupad kung may mga pagbabago, pagkawala, o pagkasira sa mga panahong suspensido ang kondisyon. Requisites of 1189 - The obligation is to give or real obligation - The object is a specific or determinate - The obligation is subject to a suspensive-conditions - The condition is fulfilled - There loss, deterioration or improvement of the thing What is Suspensive Conditions? Suspend the rights and obligation of both parties kase hndi pa nafufulfill yung prestation. 1. Loss of thing without debtors fault – may fortuitous events. The obligor or debtor is not liable. Example: D will sell his car to C, but fortuitous event happened, Nawala yung sasakyan without the fault of debtor. 2. Loss of the thing with debtors fault – liable na si obligor na damages. Lagging may damages kapag may negligence. 3. The thing deteriorates without the fault of the debtor – (deteroriates means nagreduce yung fair value ng isang bagay) the creditor will suffer the loss Example: Yung sasakyan na ibebenta mo is nabangga or nagasgasan without debtor fault, yung value ng sasakyan na napag usapan nyong amount ni creditor is marreduce because of the damages but debtors is not liable to that. 4. The thing deteriorates with debtors fault – liable si debtor sa damages. - Creditor may choose 1) Recission or cancellation of obligation with damages. 2)Fulfillment of obligation with damages. 5. The thing is improved by its nature Example: Yung value ng car na binenta is tumaas yung fair value. Yung magbebenefit dto is si creditor. 6. The improvement of the thing is expense by the debtor. Example: Yung sasakyan na binebenta ni debtor is pinaganda nya at inayos, What is Usufructuary? A usufruct is a legal right granted to a person or party which grants a temporary right to use/derive income/benefit from the property of another individual. Article 1190 When the conditions have for their purpose the extinguishment of an obligation to give, the parties, upon the fulfillment of said conditions, shall return to each other what they have received. Kung sakalit ang mga kondisyon ay hindi naisakatuparan na siyang naging sanhi sa pagbabalewala ng kasunduan, ang anumang naibayad o naibigay ng bawat partido ay kinakailangang magsaulian. kapag nafulfill na yung obligation, it is bound to give back the thing. Yung effects of fulfillment of resolutary condition, kung ano man yung natanggap ng both parties, kaylangan magsolian. Example: D allowed S na gamitin yung sasakyan nya habang nasa probinsya sya, pero pag balik nya galling probinsya kaylangan na ibalik ni S kay D yung sasakyan without damage. In case of the loss, deterioration or improvement of the thing, the provisions which, with respect to the debtor, are laid down in the preceding article shall be applied to the party who is bound to return. As for the obligations to do and not to do, the provisions of the second paragraph of Article 1187 shall be observed as regards the effect of the extinguishment of the obligation. (1123) – In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the condition that has been complied with. Article 1191 The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him. The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible. The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period. This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with Articles 1385 and 1388 and the Mortgage Law. (1124) May kapangyarihang bawiin o ipawalang bisa ang isang kasunduan na ipinapahayag sa palitan ng obligasyon, kung ang isa sa may pananagutan ay hindi tumupad sa mga nrarapat niyang gawin. Ang nasugatang partido ay maaring pumili sa pagsasakatuparan o ang pagbawi ng obligasyon na may parehas na katapat na kabayaran para sa danyos. Maaring piliin ang ikalawa kung an ang pagsasakatuparan ng obligasyon ay imposible. Ang hukuman ang mag uutos ng pagpapawalang bisa na hinihingi maliban kung may makatarungang dahilan para payagan ang pagtatakda ng tiyak ng panahon. Ito ay nauunawaan ng walang pinsala sa karapatan ng taong walang kinalaman na siyang nakakuha ng pag mamay-ari ng bagay na naaayon sa Article 1385 at 1388 at ng Mortgage Law. Dto sa 1191 may karapatan na mamili yung creditor kapag si obligor hndi nya nagawa yung obligations nya or nagkaroon ng fortuitous event. Kapag kasalanan ni obligor kaya nagakrron ng damage or hndi ngawa yung obligation, debtor is liable. Pero kapag walang ksalanan si debtor at nagkaroon ng damages sa obligation, hndi liable si debtor Tapos dto sin papasok yung recission. Pwdeng icancel ni creditor kapag nagkaroon ng damages and may fault si debtor. Unilateral – only one party is obliged in the prestation. Example: Donor. Isang party lang yung bound to fulfill the obligation. Bilateral – both parties are bound to each other. Parehas silang creditors and debtors. Example: Contract of sale. Buyer and Seller. Pag nabigay na yung thing/object, magpapalit na sila ng position as creditor and debtor. Reciprocal Obligation Non-reciprocal Obligation – If the obligor was not able to fulfill the obligation, the creditor may choose; 1. Action with specific performance with damages 2. Action for Recission of the obligation with damages Example: yung sasakyan na binebenta ni D kay S is bound to deliver in December 1. Pero hndi nadeliver ni D, si S may right to demand and with the damages. Article 1192 In case both parties have committed a breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages. Kapag ang parehong partido ay nagkasala sa hindi pagtupad sa anumang obligasyon, ang pananagutan ng unang lumabag ang mabibigyan ng karampatang kahatulan ng hukuman . Ngunit kung hindi matiyak kung sinu sa mga partido ang hindi sumusunod o tumupad sa kontrata ay parehong hindi makakatanggap ng anu mang kapakinabangan at parehong managit sa kanilang pagkakamali. Under this article, parehas may pagkakamali yung dalwang party. Kapag alam kung sinong unang nagkamali, sya yung liable sa damages, pero marereduce yung amount non kasi nagkamali din yung isang party. Pero kapag parehas na hndi alam kung sinong unang nagkamali sa obligation, parehas silang mananagutan od parehas silang magsusuffer sa damages ng obligation. Both parties have breach of obligation. Guilty of breach or violate. 1. Frst infractor known – alam kung sinong unang nagkamali. Sya yung bound to fulfill sa damages Both parties ay nagviolate pero alam kung sinong unang nagkamali, so sya yung liable sa damages. Pero marereduce yung damages kasi may violate din yung isang party 2. First infractor cannot be determined – hndi alam kung sinong may mali. Kanya kanya. Suffer itself. 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) Artikulo 1193. 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 nakalipas na seksyon. Article 1193, may mga terms or period na nakapaloob sa contracts. Depende sa period yung kalian masasabing tapos na yung obligation, or dun palang magsisimula yung obligation. Example: I will support yung monthly allowance until you finish college. Dto nagsisimula na yung obligation pero once na makagraduate ka na ng college, tapos na yung obligation ko sayo. Tapos yung isa, kapag nakapasa ka ng board exam this year bibigyan kita ng 10,000. Hanggat hndi kapa nakkapasa, wala kang rights na magdemand ng fulfillment of 10,000. Pero once na makapasa ka this year dun na mag aarise yung obligation ng nangako syo. Obligation with a period – demandable only in a period or term. Conditions determine if the obligation will arise or it will cease. If the period is impossible, it will be void. Suspensive period – mag aarise lang yung obligations and rights kapag dumating na yung period or term. Resolutary period – the obligation will be valid hanggang sa dumating yung period, then after the peiod and nagawa na yung obligation. Tapos na yung kontrata or mateterminate na. Legal period – imposed by law. Example; payment of taxes. Conventional peiod - voluntarily agreed by the parties. Example: kung anong nasa kontrata Judicial period – fixed by the court. Example; si court yung magsasabi kung kelan babayaran ng debtor kapag void yung contract ng both parties. Definite period – fixed, possible, alam mo na darating yung araw nay un.Example: January 1,2022 Indefinte period – not fixed, impossible to come, hndi mo alam kung kailang. Yung court na magdedecide. ART. 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. (same to 1189) (Sa oras ng pagkawala, pagkasira o pagpapabuti ng gamit bago dumating an tinakdang araw, ang mga patakaran na nasa Artikulo 1189 ang dapat sundin.) -suspensive period lang to meaning yung araw ng pagfulfill mo ng obligation ay alam mo na kailan. Condition of the Thing Effect Lost* Without debtor Fault of the debtor Deteriorates Without debtor fault fault of Fault of the debtor Improvement By its nature of the Obligation is extinguished Obligation to pay damages the The impairment is borne by the creditor The creditor may choose to rescind with indemnity for damages, or have it fulfilled, but still with indemnity for damages Inures to the benefit of the creditor At the expense of the The debtor shall have no other right than that debtor 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. Example: - Jay (debtor) is obliged himself to sell his yacht to Zola (creditor) 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. ART. 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. (similar to art 1188 paragraph 2) (kung ano yung nabigay or nabayad bago ang due at kung di aware ang debtor sa due date pwede itong magdemand na kunin ulit yung nabayad nito) Debtor presumed aware of period - Kapagaware sa time si debtor kung kailan nya dapat ifullfil yung obligation at hindi pa due date, by its mistake pwede niya pang pansamantalang kunin/ irecover kung ano man yung binigay nya. Example: - On December 10, 2015 Nini (debtor) owed 150,000.00 to Nana (creditor) then the debtor agreed to pay the sum of 150,000.00 with 1% monthly interest or 12% per annum and the payment of the debt is in June 30 2016. 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 states 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.” No Recovery (Real Obligations) o No right to recover if the debtor had knowledge of the period and he insisted on paying. (the principles of solutio indebiti will not apply) (kapag aware si debtor na ito yung tamang period ng pagbayad pero pinipilit nya pa ding magbayad) o The debt is already matured. (naglapse na) No Recovery (Personal Obligations) o has no application to obligations to do or not to do because as to the former, it is physically impossible to recover the service rendered, and as to the latter, as the obligor performs by not doing, he cannot, of course, recover what he has not done. (kapag service yung binigay para magawa yung isang obigations hindi nya na pwede pang marecover) ART. 1196 Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of both the creditor and the debtor, unless from the tenor of the same or other circumstances it should appear that the period has been established in favor of one or of the other. (kapag ang period ay nakaset na, sinasabi lang na ginawa yun para sa benefit ng creditor at debtor, pero may ibang situations na mas nagbebenefit ang isa) Presumption as to benefit of Period - - When a period is designated in the performance of an obligation, it is presumed that the period is intended for the benefit of both the creditor and debtor such as a loan with interest. (Kapag ang period of obligation ay itinalaga na, fixed or based on agreement on both parties, masasabi natin na kapag nagawa na nila mafulfill yung obligation may benefit silang parehas. ) Reasons why creditor cannot be compelled to accept before the arrival of the period 1. Payment of interest. The interest expected to be realized will be lessen if premature payment is done; - (kapag maaga nagbayad si debtor mawawala yung effectivity ng interest or mababawasan yung sanang kikitain nya sa pagpautang) 2. Desire of the creditor to have his money invested safely instead of having it in his hands. - (para maging safe lang muna sa debtor yung pinautang nya imbis na nasa kanya na pwede nyang magastos anytime) 3. Under the usury law, there is a special prohibition of payment of interest in advance for more than a year. - (kailangan na maaga binayad ang interest kaysa sa mismong inutang) Example: - Jac (debtor) borrowed 100k from Cedric (creditor) which is payable on October 19 2025 with 12% interest. Jac decided to pay on September 1 2022, without the consent of cedric, jac cannot pay before the said date of payment. Exemptions to the General Rule Term is for the benefit of the debtor alone - He cannot be compelled (pilitin) by the creditor to pay ahead of the designated period of fulfilling the obligation, (hindi pwedeng pilitin ng creditor si debtor na magbayad bago yung period) but he can pay ahead if he desires (gusto) to do so. (pero pwedeng magbayad si debtor ng maaga kung gugustuhin nya) Example: o Without interest Jessica (debtor) borrowed 35k to Juls (creditor) for the repair of her car. They agreed since they are best friends to pay it without interest and to be paid within 3years. In this case Jessica (debtor) benefits more than the Juls (creditor), but Juls cannot compelled Jessica to pay before the said period of payment. o Promises to pay Jessica (debtor) promises to pay her debt on or before the said period that the Juls (creditor) given to Jessica. Term is for the benefit of the creditor alone - He can demand the fulfillment even before the arrival of term, but he cannot be demanded by the debtor to receive the payment before the expiration of stipulated period. (pwedeng magdeman ang creditor na magbayad ng maaga si debtor pero di pwedeng magdemand si debtor na kunin ni creditor ng maaga yung bayad nya) Example: - (Same examples) but here Juls (creditor) can demand the payment ahead of the said period, but Jessica (debtor) cannot demand Juls to receive her payment. Computation of term of period Legal Periods - “year” consist of 12 months, months consists of 30 days besides the Month of February, days consist of 24 hrs. Example: - From January 1, 2022 to January 31, 2022. -months From January 1, 2022 to December 31, 2022 – year (one year) ART. 1197 If the obligation does not fix a period, but from, its nature and the circumstances it can be inferred that a period was intended, the courts may fix the duration thereof. The courts shall also fix the duration of the period when it depends upon the will of the debtor. In every case, the courts shall determine such period as may under the circumstances have been probably contemplated by the par ties. Once fixed by the courts, the period cannot be changed by them. Court generally without power to fix a period Judicial Period - Period which if fixed by the court and can never be change by the both parties (creditor, debtor) (period na inayos ng korte na hindi pwedeng galawin pa ng creditor at debtor) Contractual Period - Period which fixed by the both parties based on their agreement or contract. (period na napagusapan ng creditor at debtor) Example: - Joem (debtor) is obliged to pay the remaining 20k to Eloiza (creditor) and in their contract it does not stipulate a fix period. Court cannot interfere the contract between them because the contract is the law on both parties. Note: (kapag ang obligation ay walang nakastate na period at napagusapan talaga na walang specific period para ifulfill ang obligation, court is not authorized to fix a period dahil walang karapatan mismo ang court sa contract nila ) Exceptions to the general rule No period is fixed but a period was intended - Contracts may not have the fixed period but it has an intended to have but fails to comply. The court is authorized to fix the period. (hindi nasabi sa contract yung period pero may intension or common sense na need matapos ng ganitong period. Pwede itong maayos ng court) Example: - Engineer Rowee (debtor) agreed to construct the building of David (creditor) for his business Coffee Shop. Both parties failes to fix a period when should be the construction is needed to be done. The court may interfere and they can use as a guide the practices of engineers oh how long wil it takes to build a particular building. Duration of the period depends upon the will of the debtor - (article 1180) Period fixed cannot be changed by the courts If the agreed period is being lapsed, both parties cannot go to court to fix another period. (kapag nagexpired na yung period hindi na pwede pa ito ipaayos sa korte.) If the parties accept the period fixed by the court, it becomes the law governing the contract but it can be modified by the parties by providing new agreement. (kapag ang both parties nagagree na sa terms at pag fix ng period ng court pwedeng yung napagusapan ay maging guide dun sa contract nila at pwede nilang mamodified yun if gusto nila) ART. 1198 The debtor shall lose every right to make use of the period: (1) When after the obligation has been contracted, he becomes insolvent, unless he gives a guaranty or security for the debt; - (naging insolvent si debtor o wala ng kakayahang magbayad pero magbibigay ng isang bagay pang collateral) (2) When he does not furnish to the creditor the guaranties or securities which he has promised; - (hindi nya nabigay yung ipinangako nyang pangcollateral) (3) When by his own acts he has impaired said guaranties or securities after their establishment, and when through a fortuitous event they disappear, unless he immediately gives new ones equally satisfactory; - (nasira or Nawala yung pang collateral) (4) When the debtor violates any under taking, in consideration of which the creditor agreed to the period; (hindi ginawa yung pinagagreehan sa contracts) (5) When the debtor attempts to ab scond. – (bad faith – may balak na tumakas sa obligation) When obligation can be demandable before lapse of period - The general rule “ the obligation is not demandable before the lapse of the period” but in this art the debtor may lose the right or the period (hindi nya na magagamit yung right on the period) (the power of the period is disregarded) because the creditor has the right to demand even before the lapsed of the period.(powerful provision to creditor). (hindi magagamit ang general rule dito na hindi demandable hanggat hindi due. Dito sa art na toh pwede magdemand si creditor kahit bago ang due or mas maaga sa due) Exceptions based on the debtor capability to comply When the debtor becomes insolvent - - - A debtor that can be considered as insolvent is when he/she cannot provide payment when he obligation is demandable or in due. (kapag hindi na kayang magbayad ni debtor) Also if the debtor is in financial distress where his liabilities is higher than his assets. (kapag mas mataas na yung utang nya kaysa sa asssets nya) Gives sufficient guaranty or security (ito yung mechanism where in sinusure natin yung payment sa isang debt bukod sa napagusapan) Example: - Ian (debtor) owes Jayze (creditor) 70k due and payable on October 2022, if Ian becomes insolvent, we assume that he became insolvent on August 2022, jayze can demand the payment even before the maturity date of the obligations. When debtor does not furnish guaranties or securities promised - Debtor fails to give the guaranties and securities to the creditor will results of losing his right on the period stipulated and can be demandable by the creditor. (kapag hindi nya nagawa yung naipangako nyang ipapalit kung sakaling hindi nya mabayaran kung ano mismo yung napagusapan) Example: - Sabby (debtor) owes 2m to Paula (creditor) and Sabby promised to furnish the painting that she paints for the debt she has to Paula, but she fails to give the painting because she sell it to other for her benefit. In this case Paula can demand the payment and Sabby will lose her right to the period stipulated in the contract. When guaranties or securities given have been impaired or have disappeared. - The object to be secured in the obligation have been lost or being damaged before the obligations is demandable. (kapag nasira or Nawala yung ipapalit nya ) Example: - Meme (debtor) has a loan to Hehe (creditor) and Meme decided to furnish his car as a collateral for the loan, but because of a fortuitous event like carnapped. So the obligations become demandable, unless magbibigay ulit si meme ng new security na masasatisfied si hehe. When debtor violates an undertaking - (Kapag hindi nagawa yung napagusapan.) Example: - Rogelyn (debtor) wants to borrow money from Ian (creditor), and Rogelyn promised Ian that if he let her borrow money she will fix the guitar, and they both agreed with it since they are friends. But if Rogelyn did not do what she promised to Ian, Ian can immediately demand the payment. When debtor attempt to abscond (escape or nagtatago) - Sign of bad faith which results to loss his right on the perio stipulated. (sadyang ginawa yung bagay nay un para makatakas sa responsibiidad) Example: - Lumipat ng bahay ng walang pasabi sa creditor.
