Article 1183

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, that part thereof which is not affected by the impossible or unlawful condition shall be valid.

The condition not to do an impossible thing shall be considered as not having been agreed upon.

Impossible Condition
the condition imposed is not capable of being performed physically. Example: Grace will give Christine a gold necklace if she swims across the Pacific Ocean.

Illegal or Illicit Condition
when the condition imposed is contrary to law, good custom or public policy. Example: Contrary to law – Pedro agrees to give Ernesto P100,000 if Ernesto will kill Mario. Contrary to good custom – Santos binds himself to give Maria a gold wrist watch if she will cohabit with Mr. Reyes without benefit of marriage. Contrary to public policy – Maria agrees to employ Grace in her company if Grace will not join a labor union.

Negative Impossible Condition:
A Negative Impossible Conditions are considered as not written. The condition is considered not imposed, and the obligation must be regarded as a pure and simple one.
 Example:  “ I  will give you a million peso if you can turn the straw turn into gold. “ Or, “ I will give you all my assets when it would not rain in May. “
In, these cases, the obligation is pure and immediately demandable, there is no need to wait for the condition to happen.

Divisible Obligation 
- that part of obligation which is not affected by impossible or unlawful condition shall be valid (Art. 1183, NCC) Example- Pedro promise to pay Juan the sum of P1, 000.00 if Juan furnishes Pedro with information as to the whereabouts of Jane and another sum of P2,000.00 if Juan kidnaps Jane,  in the obligation, the first part (to pay P1, 000.00) is valid while the second part (P2, 000.00) is void because only the latter is affected by the condition. Express and Implied .

Case

Luneta Motor Co., plaintiff-appelant
vs.
Federico Abad, defendant-appellee

Facts

Plaintiff sought recovery of the sum of P2674.05 with accrued stipulated interest and attorney's  fees for balance due on four promissory notes executed by the defendant. While the case was on going the defendant died. The counsel for the defendant moved for the dismissal of the case. The trial court acceded to this motion, and the plaintiff's motion for reconsideration thereof has been denied, the instant appeal was taken. The case was rightly dismissed by the CA. The SC affirmed the judgement of the trial court.

Issue

Whether or not that the trial court erred on the dismissal of the case when the defendant died while the case was still on going.

Held

No, the case was rightly dismissed in accordance with section 119 of Act No. 190. And all actions commenced against a deceased person, for the recovery of money, debt , or damages, and pending at the time the committee are appointed, shall be discontinued, and the property, if any, therein attached, shall be discharged from the attachment, and the claim embraced in such action maybe presented to the committee. The impossibility existed when the person who was supposed to deliver the obligation died.


Many thanks & God bless.





Comments

Post a Comment

Popular posts from this blog

OBLIGATION & CONTRACTS Art. 1156 - 1161

Obligation & Contracts By: Pineda Article 1156 Obligation - An obligation is a juridical necessity to give, to do or not to do.  The term obligation is derived from the Latin word " Obligatio " which means tying or binding. The words " juridical necessity " connote that in case of noncompliance, there will be legal sanctions. As per Brugi, Obligation is a juridical tie between two persons, by virtue of which one of them, the creditor, has the right to demand of the other, the debtor, a definite prestation. On the other hand, Manresa defined it as a legal relation established between one party and another whereby the latter is bound to the fulfillment of a prestation which the former may demand of him. Arias defined obligation is a juridical relation  whereby a person (called the creditor) may demand from another (called the debtor) the observance of determinate conduct, and, in case of breach, may obtain satisfaction from the assets of the latter.
Read more

Article 1278

Image
Compensation By: Gretzen M. Colona Article 1278. Compensation shall take place when two persons, in their own right, are creditors and debtors of each other. Compensation is the extinguishment to the concurrent amount of the debts of two persons who, in their own right, are debtors and creditors of each other. Ang compensasyon ay magaganap kung parehong may utang at nagpautang ang bawat isa sa isa't isa. Example: D owes C 5000 Php. C owes D 5000 Php. The parties do not need to pay each other as their obligations are extinguished by compensation. Kinds of Compensation 1. By its effect or extent. a. Total- when both obligations are of the same amount.  b. Partial- when the two obligations are of different amounts. 2. By its cause or origin: a. Legal- when it takes place by operation of law even without the knowledge of the parties. b. Voluntary- when it takes place by agreement of the parties. c. Judicial- when it takes place by order from a
Read more

PEREZ vs POMAR Case Digest

Perez vs Pomar 2 Phil. 682 (1903) March 12, 2016 FACTS Perez filed in the Court of First Instance of Laguna a complaint asking the Court to determine the amount due him for services rendered as an interpreter for Pomar and for judgement to be rendered in his favor. Pomar, on his part, denied having sought the services of Perez, contending that, Perez being his friend, he only accepted the services for they were rendered in a spontaneous, voluntary and officious manner. ISSUE Whether or not consent has been given by the other party. HELD Yes. It does not appear that any written contract was entered into between the parties for the employment of the plaintiff as interpreter, or that any other innominate contract was entered into, but whether the plaintiff’s services were solicited or whether they were offered to the defendant for his assistance, inasmuch as these services were accepted and made use of by the latter, there was a tacit and mutual consent as to the ren
Read more