a. Pure

KINDS OF OBLIGATIONS

Pure Obligations

Definition – It is an unqualified obligation, which is demandable immediately. Its performance does NOT depend upon a future and uncertain event, or past event unknown to the parties. (CIVIL CODE, art. 1179)

Conditional Obligations

Definition – The performance in conditional obligations depends upon a (1) future AND uncertain event, (2) or upon a past event unknown to the parties. (DE LEON 106 (2014))

NOTE: For the first kind, Article 1179 uses the phrase “future ‘or’ uncertain” -- it must be construed as “and”. (4 TOLENTINO 144 (1991))

Trillana v. Quezon Colleges, Inc. 93 Phil. 383

FACTS: D purchased 200 shares of stock of the Quezon Colleges, subject to the condition that she would pay for the same as soon as she would be able to harvest fish from her fishpond.

Issue: Is this condition valid?

HELD: No, because this suspensive condition is purely potestative on her part. (Civil Code of the Philippines Annotated by Edgardo L. Paras 198- 199 (2008))

THUS: suspensive condition + purely potestative on debtor = both condition and obligation void. Hence, there is no obligation.

A provision in a Conditional Deed of Sale stating that the vendee shall pay the balance of the purchase price when he has successfully negotiated and secured a right of way is not a purely potestative condition on the perfection of the contract nor on the validity of the entire contract or its compliance as contemplated by Art. 1308. Such a condition is likewise dependent on chance as there is no guarantee that the vendee and the third-party landowners would come to an agreement regarding the road right of way, a type of mixed condition expressly allowed under Art. 1182. Where the so called potestative condition is imposed not on the birth of the obligation but on its fulfillment, only the condition is avoided, leaving unaffected the obligation itself. (Catungal v. Rodriguez, GR No. 146839)

POTESTATIVE CONDITION

The fulfillment of the condition entirely depends upon the sole will of a party – may be purely potestative on the part of the obligee (valid), or the obligor/ debtor (void if suspensive).

Conditions which are Impossible, Contrary to Law or Good Customs

These conditions are considered as not imposed, and shall not prejudice the heir, even if the testator provide otherwise. (Art. 873) The testamentary disposition is not annulled; it simply becomes pure. (Balane, supra)