- Statute
- Philippine Civil Code
- Article
- Art. 1182
- Topic
- Different Kinds of Obligations
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE I Obligations
- Chapter
- CHAPTER 3 Different Kinds of Obligations
- Formerly
- Art. 1115 of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall 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. (1115)
Intellegal Wiki · In plain terms
If whether an obligation must be performed depends purely on the debtor's own free will, the obligation is void, since the debtor could simply choose never to be bound. But if fulfillment turns on chance or on a third person's decision, the obligation is valid and takes effect under the Code's rules.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In The Government of the Philippine Islands v. W. O. Bingham, the Supreme Court held: An obligation to deliver a specific thing is extinguished when the thing is lost without the debtor's fault before default (Articles 1182 and 1105); an accessory bond obligation is extinguished together with the principal obligation.
One leading Supreme Court case applying this provision.
Cases applying this article
- Olivia M. Navoa v. Court of Appeals G.R. No. 59255
- Security Bank & Trust Company v. Court of Appeals G.R. No. 117009
- The Government of the Philippine Islands v. W. O. Bingham G.R. No. 4895
- Luis G. Gemudiano, Jr. v. Naess Shipping Philippines G.R. No. 223825