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.
Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event. (1113)
Bawat obligasyon na ang pagganap ay hindi nakadepende sa hinaharap o sa hindi tiyak na kaganapan o kaya sa nakalipas na pangyayari na hindi alam ng partido ay dapat maipatupad kaagad.
Bawat obligasyon na naglalaman ng napatigil na kondisyon ay dapat maipatupad din ng walang pagkiling sa epekto ng mga pangyayari.
Discussion:
Condition – future and uncertain event upon which the existence or extinguishments of an obligation is made to depend.
Pure Obligation – one which does not contain any condition or term upon which its fulfillment is made to depend.
Conditional Obligation – kind of obligation which is subject to condition.
- Suspensive (condition precedent/antecedent) – its fulfillment gives rise to the obligation, if not fulfilled, no obligation will arise.
- Resolutory (condition subsequent) – extinguishes the obligation which is already existing.
Past Event Unknown to the Parties to the Contract
If it has happened – the obligation immediately exists purely and simply.
If it has not happened – there is no obligation at all.
Application of Past Events Unknown to the Parties: When Proper
The future knowledge or proof of the past event, but not the past event itself is the only possibility of applying a past event as a condition in an obligation.
Traditional Classifications of Conditions Classified by Manresa
As to effect:
Suspensive – when the performance or fulfillment of the condition results in the birth or acquisition of the rights contemplated in the obligation.
Resolutory – results in the extinguishment of the rights which have previously arisen out of the obligation.
As to Cause/Origin :
Potestative – depends upon the will of the debtor
Casual – depends upon chance and/or upon the will of the third person
Mixed – depends partly upon the will of a party to the obligation and partly upon chance and/or the will of a third person.
As to Possibility:
Possible – when the condition is capable of fulfillment according to nature, law, public policy or good customs. (Art. 1183)
Impossible – not capable of fulfillment according to nature, law, public or good customs. (Art. 1183)
As to mode:
Positive – when the condition involves the doing of an act. (Art. 1184)
Negative – when the condition involves the omission of an act. (Art. 1184)
As to Divisibility
Divisible – when the condition is susceptible of partial performance.
Indivisible – when the condition is not susceptible of partial performance.
As to numbers:
Conjunctive – when there are several conditions in an obligation and all of which must be performed.
Alternative – when there are several conditions in an obligation but only one must be performed.
As to form :
Express – when the condition is expressly stated.
Implied – when the condition is not expressly stated but merely inferred from the conduct of the parties.
Case Illustration:Tolomeo Ligutan and Leonidas dela Llana vs. CA and Security Bank and Trust Company
