1 5 Study Guide 2

Part 1
1. If the suspensive condition is fulfilled, the obligation is

extinguished.
False. Article 1181 provides, “In conditional obligations, the

acquisition of rights, as well as the extinguishment or loss of those already
acquired, shall depend upon the happening of the event which constitutes
the condition.” Perceptively, suspensive condition is a future and
uncertain event upon the happening or fulfillment of which rights arising
out of the obligation are acquired not extinguished.
2. If the resolutory condition is fulfilled, the obligation becomes

effective.
False. Based on the aforementioned article, a resolutory condition

is a future and uncertain event upon the happening or fulfillment of
which rights which are already acquired by virtue of the obligation are
extinguished or lost.
3. If the resolutory condition is not fulfilled, the juridical condition

is consolidated.
True. According to Manresa1, one of the effects of nonfulfillment of

a resolutory condition is that the juridical relation is consolidated. In
other words, the rights are already acquired but subject to the threat of
extinction.
4. In suspensive condition, rights are not yet acquired, but there is

a hope or expectancy that they will soon be acquired.
True. In the case of Parks vs Province of Tarlac2, the characteristic

of a condition precedent (suspensive condition) is that the acquisition of
the right is not effected while said condition is not complied with or is not
deemed complied with. In other words, rights are not yet acquired but
there is a hope or expectancy that they will soon be acquired.
5. In suspensive condition, rights are already acquired, but subject

to the threat of extinction.
False. As defined, suspensive condition is a future and uncertain

event upon the happening or fulfillment of which rights arising out of the
obligation are acquired. In other words, only when the condition is
fulfilled that the obligation arises or becomes effective. In the meantime,
no rights are yet acquired that may be subjected to threat of extinction.
Part 2
1. In alternative obligations, the impossibility of one of the objects

due without the fault of the debtor extinguishes the obligation.
False. Article 1205 (1) states that if one of the things is lost
through a fortuitous event, he shall perform the obligation by delivering
that which the creditor should choose from among the remainder or that
1
5th Ed., Bk. 1, p. 311
2
49 Phil. 142
which remains if only one subsists. Further, the last paragraph of the
same article expressly make such rule applicable in case one, some, or
all of the prestations should become impossible.
Clearly, loss or impossibility of one of the objects due without the

fault of the debtor will not extinguish the obligation. The debtor must
still comply with the obligation by delivering or performing that which the
creditor shall choose from among the remainder.
2. In facultative obligations, the culpable loss of the object which

the debtor may deliver in the substitution before the substitution is
effected does give rise to any liability on the part of such debtor.
False. Article 1206 states that the loss or deterioration of the thing
intended as substitute, through the negligence of the obligor, does not
render him liable. But once the substitution has been made, the obligor
is liable for loss of the substitute on account of his delay, negligence, or
fraud.
In other words, the culpable loss of the object which the debtor
may deliver in substitution before the same is effected does not give rise
to any liability on the part of such obligor.
3. In alternative obligation, the nullity of one of the objects does not

invalidate of the obligation which is still in force with respect to
those which have no defect.
True. Based on Article 1205, the nullity of one of the objects or

prestations do not invalidate the obligation which is still in force with
respect to those which have no vice.
4. The nullity of the principal object invalidates the obligation, even

if the substitute object is valid.
True. Based on Article 1206, the nullity of the principal prestation

such as when the object is unlawful or outside the commerce of man,
invalidates the obligation.
5. In case of concurrence of two or more creditors or two or more

debtors in one and the same obligation, the presumption is that the
obligation is only joint.
True. According to Article 1207, when there is a concurrence of

two or more creditors or two or more debtors in one and the same
obligation the obligation may either be join or solidary. In the absence of
any stipulation, the presumption is that the obligation is joint not
solidary since there are only three (3) instances provided under the Civil
Code wherein an obligation shall be solidary which are as follows: a)
when the obligation states that there is solidarity; b) when the law
requires solidarity; and c) when the nature of the obligation requires
solidarity.

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Part 1

1. If the suspensive condition is fulfilled, the obligation is

False. Article 1181 provides, “In conditional obligations, the

2. If the resolutory condition is fulfilled, the obligation becomes

False. Based on the aforementioned article, a resolutory condition

3. If the resolutory condition is not fulfilled, the juridical condition

True. According to Manresa1, one of the effects of nonfulfillment of

4. In suspensive condition, rights are not yet acquired, but there is

True. In the case of Parks vs Province of Tarlac2, the characteristic

5. In suspensive condition, rights are already acquired, but subject

False. As defined, suspensive condition is a future and uncertain

1. In alternative obligations, the impossibility of one of the objects

Clearly, loss or impossibility of one of the objects due without the

2. In facultative obligations, the culpable loss of the object which

3. In alternative obligation, the nullity of one of the objects does not

True. Based on Article 1205, the nullity of one of the objects or

4. The nullity of the principal object invalidates the obligation, even

True. Based on Article 1206, the nullity of the principal prestation

5. In case of concurrence of two or more creditors or two or more

True. According to Article 1207, when there is a concurrence of

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