2. The condition that some event will not
happen at a determine 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.
Art. 1185
3. The obligation shall become effective
and binding:
Negative condition
a) the determinate time has elapsed
without the event having occurred;
Ex. Jun obligated himself to deliver a piece
of land to Marion on the condition that
Mario shall not run for Vice-Mayor in
their municipality within 9 years.
• More than 9 has elapsed without Mario
shall not run for Vice-Mayor. The
obligation to deliver the piece of land
becomes effective.
4. Ex. Jun obligated himself to deliver a piece of land
to Marion on the condition that Mario shall not run
for Vice-Mayor in their municipality within 9 years.
Before 9 years had elapsed, the Municipality
became totally submerged by lahar and ceased to
be a municipality. The residents had to transfer to
other municipalities. In this case, even before the
lapse of 9 years it is clear that the obligation has
become effective because of the disappearance of
the Municipality.
•It is not evident that Mario can never run for Vice-
Mayor anymore in that Municipality because it
ceased to be one.
b) It has become evident that the event
will not occur.
5. Art. 1186
The condition shall be deemed
fulfilled when the obligor voluntarily
prevents its fulfillment.
6. Constructive fulfillment of suspensive
condition
3 requisites for the application of this
article:
1) Suspensive
- the happening of the condition gives rise to
an obligation
Ex. Mie binds herself to deliver a determinate
car to Lester if he marries Weena. The
obligation is only demandable upon the
happening of the condition that is, if Lester
marries Weena. The obligation is
suspended and not yet demandable.
7. 2) The obligor actually prevents the
fulfillment of the conditon;
Ex. S promised to sell his land to Y if Y
would be able to secure a loan from a
certain bank. Later on, S changed his mind
about selling his land. He induced the bank
not to give Y a loan.
Under the above article, the
condition is deemed complied with and S
is liable to sell his land. S should not be
allowed to profit by his own fault or bad
faith.
8. 3) He acts voluntarily
Ex. Supppose the inducement made
by S was prompted by some other
reason, is there constructive
fulfillment? Yes. The law does not
require that S act with malice or fraud
as long as his purpose is to prevent
the fulfillment of the condition.
Article 1186, however, does not
apply if the act of the obligor is in the
exercise of a right.
9. Constructive fulfillment of resolutory
condition
Article 1186 applies also to an obligation
subject to a resolutory condition with respect
to the debtor who is bound to return what he
has received upon the fulfillment of the
condition. (Art. 1190.)
10. Resolutory- the happening of the condition
extinguishes the obligation already
existing.
Ex. Vince binds himself to lend his only car
to Lester until the latter passes the CPA
Board. The obligation to lend is
immediately demandable. Lester right
over the car is extinguished uon his
passing the CPA Board. Lester is now
obliged to return the car.
