CH.3 SEC. 2. OBLIGATIONS WITH A PERIOD

Question 1

Art. 1193. par. 1. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only […].

Answer 1

Art. 1193. par. 1. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes.

Question 2

When will obligations whose fulfillment depends upon the arrival of a day certain be demandable?

Answer 2

Under Art. 1193, obligations for whose fulfillment depends upon the arrival of a day certain shall only be demandable when that day comes.

Question 3

Art. 1193. par. 2. Obligations with a resolutory period take effect […], but terminate upon […].

Answer 3

Art. 1193. par. 2. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain.

Question 4

When shall obligations with a resolutory period take effect?

Answer 4

Under Art. 1193. par. 2. Obligations with a resolutory period shall take effect at once.

Question 5

When shall obligations with a resolutory period terminate?

Answer 5

Under Art. 1193. par. 2. Obligations with a resolutory period shall terminate upon the arrival of the day certain.

Question 6

Art. 1193. par. 3. A day certain is understood to be […], although […].

Answer 6

Art. 1193. par. 3. A day certain is understood to be that which must necessarily come, although it may not be known when.

Question 7

What is the meaning of a day certain?

Answer 7

Under Art. 1193. par. 3. A day certain is understood to be that which must necessarily come, although it may not be known when.

Question 8

Art. 1193. par. 4. If the uncertainty consists in whether the day will come or not, the obligation is […], and it shall be regulated by the rules of the preceding Section.

Answer 8

Art. 1193. par. 4. If the uncertainty consists in whether the day will come or not, the obligation is conditional, and it shall be regulated by the rules of the preceding Section.

Question 9

If the uncertainty is whether or not the day will come, is it a conditional obligation or an obligation with a period?

Answer 9

As provided by Art. 1193. par. 4., if the uncertainty is whether or not the day will come, it is a conditional obligation.

Question 10

Art. 1194. In case of […] of the thing before the arrival of the day certain, the rules in Article 1189 shall be observed.

Answer 10

Art. 1194. In case of loss, deterioration or improvement of the thing before the arrival of the day certain, the rules in Article 1189 shall be observed.

Question 11

When can provisions of Art. 1189 apply to obligations with a period?

Answer 11

Under Art. 1194, the provisions of Art. 1189 shall be observed when the thing subject to an obligation with a period is lost, deteriorates, or improves before the arrival of the period.

Question 12

Art. 1195. Anything paid or delivered before the arrival of the period, the obligor being […] or believing that the obligation […], may be […].

Answer 12

Art. 1195. Anything paid or delivered before the arrival of the period, the obligor being unaware of the period or believing that the obligation has become due and demandable, may be recovered, with the fruits and interests.

Question 13

When may the obligor recover his payment in an obligation with a period?

Answer 13

As provided in Art. 1195, the obligor in an obligation with a period, may recover his payment when: (1) it was made before the arrival of the period; (2) it was paid by mistake; and (3) the obligor was unaware of the period or he/she believed that the obligation has become due and demandable.

Question 14

Can the obligor recover the fruits and interests when he mistakenly made payment prior to the arrival of a period?

Answer 14

Yes, the obligor can recover the fruits and interests of the payment he mistakenly made prior to the arrival of a period provided that he was unaware of the period or he believed that it has become due and demandable. Under Art. 1195 of the Civil Code, anything paid or delivered before the arrival of the period, the obligor being unaware of the period or believing that the obligation has become due and demandable, may be recovered, with the fruits and interests.

Question 15

Art. 1196. Whenver in an obligation a period is designated, it is presumed to have been established for the benefit […], unless from the […].

Answer 15

Art. 1196. Whenver in an obligation a period is designated, it is presumed to have been established for the benefit of both the creditor and the debtor, unless from the tenor of the same or other circumstances it should appear that the period has been established in favor of one or of the other.

Question 16

To whom is the benefit presumed in the establishment of an obligation with a period? When may this presumption be disputed?

Answer 16

As provided by Art. 1196 of the Civil Code, it is presumed that the designation of a period in an obligation is that it is established for the benefit of both the creditor and the debtor. However, this presumption is not absolute. It may be disputed when the tenor of the obligation or the other circumstances show that the period has been established in favor of either one of the contracting parties.

Question 17

Art. 1197. par. 1. If the obligation does not fix a period, but […], the courts may fix the duration thereof.

Answer 17

Art. 1197. par. 1. If the obligation does not fix a period, but from its nature and the circumstances it can be inferred that a period was intended, the courts may fix the duration thereof.

Question 18

Can the courts still fix a period even if the obligation does not expressly so provide?

Answer 18

Yes, the courts may still fix a period even if the obligation does not expressly so provide. Under Art. 1197 of the Civil Code, if the obligation does not fix a period, but from the its nature and cricumstances, it can be inferred that a period was inteded, the courts may fix the duration thereof. Therefore, if it can be inferred from the nature and circumstances that a period was intended, the courts may still fix a period despite having no express stipulation in the obligation.

Question 19

Art. 1197. par. 2. The courts shall […] of the period when it depends upon the will of the debtor.

Answer 19

Art. 1197. par. 2. The courts shall also fix the duration of the period when it depends upon the will of the debtor.

Question 20

What are the instances when the courts may fix a period even when there is no express stipulation in the obligation?

Answer 20

There are two instances where the courts may fix a period in an obligation despite the absence of an express stipulation: (1) when it may be inferred from the nature and circumstances of the obligation; and (2) when the period depends upon the will of the debtor (Art. 1197).

Question 21

Art. 1197. par. 3. In every case, the courts shall determine such period as may […]. Once fixed by the courts, […].

Answer 21

Art. 1197. par. 3. In every case, the courts shall determine such period as may under the circumstances have been probably contemplated by the parties. Once fixed by the courts, the period cannot be changed by them.

Question 22

Can the contracting parties change the period fixed by the court?

Answer 22

No, contracting parties cannot change the period fixed by court. Under Art. 1197, once a period has been fixed, contracting parties cannot change it.

Question 23

Art. 1198. No. 1. The debtor shall lose every right to make use of the period: (1) When after the obligation has been contracted, he becomes insolvent, […];

Answer 23

Art. 1198. No. 1. The debtor shall lose every right to make use of the period: (1) When after the obligation has been contracted, he becomes insolvent, unless he gives a guaranty or security for the debt;

Question 24

Art. 1198. No. 2. The debtor shall lose every right to make use of the period: (2) When he does not furnish to the creditor the […] which he has promised;

Answer 24

Art. 1198. No. 2. The debtor shall lose every right to make use of the period: (2) When he does not furnish to the creditor the guaranties or securities which he has promised;

Question 25

Art. 1198 No. 3. The debtor shall lose every right to make use of the period:(3) When by his own acts he has […] after their establishment, and when through a fortuitous event they disappear, unless he […];

Answer 25

Art. 1198 No. 3. The debtor shall lose every right to make use of the period:(3) When by his own acts he has impaired said guaranties or securities after their establishment, and when through a fortuitous event they disappear, unless he immediately gives new ones equally satisfactory;

Question 26

Art. 1198. No. 4. The debtor shall lose every right to make use of the period:(4) When the debtor violates […];

Answer 26

Art. 1198. No. 4. The debtor shall lose every right to make use of the period:(4) When the debtor violates any undertaking, in consideration of which the creditor agreed to the period;

Question 27

Art. 1198. No. 5. The debtor shall lose every right to make use of the period: (5) When the debtor attempts to […].

Answer 27

Art. 1198. No. 5. The debtor shall lose every right to make use of the period: (5) When the debtor attempts to abscond.

Question 28

When shall a debtor lose every right to make use of the period?

Answer 28

Under Art. 1198 of the Civil Code, there are five (5) instances when a debtor shall lose every right to make use of a period: (1) when he becomes insolvent unless he gives a guaranty; (2) when he fails to furnish the promised guarantees or securities to the creditor; (3) when he has impaired the guaranties or securities, and when through a fortuitous event they disappear unless he immediately gives a new one which are eqeually satisfactory; (4) when he violates any undertaking which is in consideration of which the creditor has agreed to the period; and (5) when he attempts to abscond.