Article 1182

Article 1182. When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation will be void. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code.

Kung ang pag ganap ng isang kundisyon ay nakadepende lamang sa may pagkakautang, ang kondisyonal na obligasyon ay walang bisa. Kung ito naman ay nakasalalay sa pagkakataon o di kaya sa kalooban ng ikatlong persona, ang obligasyon ay magkakabisa ng naayon sa probisyon ng pamantayang ito.

Kinds of Conditions:

Potestative condition- one which depends upon the will of one of the contracting parties. “ I promise to give you P1,000, if you build a house for me in three months.

Casual condition- depends exclusively upon chance or other factors (upon the will of a third person), and not upon the will of the contracting parties. “ I will give you my land if a war breaks out next month.”

Mixed condition- one which depends upon the will of one of the contracting parties and other circumstances, including the will of a third person. Example: “I will give you a house if you marry Carolina.”

An obligation dependent upon the will of a third person is valid.

Nazario Trillana vs Quezon College, Inc.

G.R. No. L-5003. June 27, 1953

Facts:

Damasa Crisostomo subscribed to a 200 shares of capital stock with a par value of P100.00 each with Quezon College.Included in her letter to the to the Board of Trustees of the Quezon College was the initial payment and statement that she will pay the balance after she has harvested some fish. On October 26, 1948, Damasa Crisostomo passed away.  No payment appears to have been paid, hence the claim before the CFI of Bulacan in her testate proceeding, for the collection of the sum of P20,000, representing the value of the subscription to the capital stock of the Quezon College, Inc. which was then opposed by the administrator of the estate.

Issue:

Whether or not the condition entered into by both parties is valid.

Ruling:

No, Under article 1182 of the new Civil Code: "If the fulfillment of the condition should depend upon the exclusive will of the debtor, the conditional obligation shall be void.”