Nature and Effects of Obligation
• Celia already has a right to the fruits of the lemon plant from the time of the perfection of the contract. However,
she does not have real right over it until the plant has been delivered to her. So, she can’t harvest the fruits until
the plant has been delivered to her on September 25
• It is valid for future negligence. However, if the contract states that any future FRAUD will be considered waived,
Edmund will still be liable for damages
• No demand yet. The debtor incurs in delay from the time the creditor demands fulfillment. This is the general rule.
Pure Obligations
• Aside from a pure obligation, obligations subject to a resolutory condition or a resolutory period are also
demandable at once
Conditional Obligations
• An event MUST be future AND uncertain for it to be a condition. It can also be a past event, provided that neither
party knows said event, and will know of it in the future. It MUST NOT BE IMPOSSIBLE
• OTHER WAY AROUND. The happenstance of a suspensive condition causes the obligation to arise. Until it happens,
the existence of the obligation is a mere hope. Once a resolutory condition is fulfilled, the obligation is
extinguished. If it doesn’t happen, the effects flow
• The obligation was to deliver a SPECIFIC/DETERMINATE THING, since it was HIS journal. The loss of a specific thing
under fortuitous events (lightning strike) extinguishes the obligation
• Jason can only collect Php 10,000 because the appreciation of the laptop’s value inured to the benefit of Leo.
Inured means “accustomed to accept something undesirable”. The obligation was set with the condition that Leo
will only pay Php10,000, so that’s what he’s obliged to pay upon the happening of the condition. The same
happens if obligation within a period.
Obligations with a Period
• They both fixed the period to be within a time beneficial to both of them. Article 1196. This is the general rule,
but it can be rebutted
• This is considered by law as an obligation with a period. Even though the actual date is unknown, the day WILL
come when the debtor has the means
• If the obligation does not fix a period but from the nature and the circumstances it can be inferred that a period
was intended, the Court may fix one for the parties.
Alternative and Facultative Obligations
• It generally belongs to the Debtor, unless it has been expressly granted to the creditor. The debtor shall have no
right to choose the prestations which are impossible, unlawful, or which could not have been the object of the
obligation
• A facultative obligation is one wherein only one prestation is due or agreed upon, but the obligor may substitute
the prestation for another.
• The first is an alternative obligation since there are two prestations presented. The second is alternative since only
one prestation is presented, but it can be substituted by another
Joint and Solidary Obligations
• Joint Obligations – as many debts as there are debtors + as many credits as there are creditors; Solidary Obligations
– 1 debtor, 1 creditor regardless of how many personalities there are. Collective obligation is presumed to be joint
• A collective obligation is presumed to be joint. Hence, there are two debts since there are two debtors. Kitty may
only collect from Everest the amount of her debt, and he may only collect from Skye the amount of her debt
• They are all solidarily liable, so there is only one debt to be fulfilled. Annabeth is liable to pay the entire debt of
Php 15,000, but she can ask for Php 7,500 reimbursement from Percy since Grover’s insolvency meant both Percy
and Annabeth bear his share proportionately
• Baz and Simon are joint creditors with a 1:2 share. This means that the Php 12,000 is split among them 1:2, with
Baz having Php 4,000 and Simon having Php 8,000. This means that Simon can only collect Php 8,000. On the other
