1. Yes.

The purely potestative condition destroys the efficacy of the legal tie
(conditional obligation). In this case, the fulfilment of the condition depends
solely/exclusively upon the will of the debtor (purely potestative) and the
condition is suspensive. In cases where the condition is both potestative and
suspensive, the whole obligation is rendered void. (Art 1182)

A condition that is both potestative and resolutory may be valid even

though the condition rests upon the will of the creditor.
Resolutory obligation is terminated upon fulfilment of condition
Suspensive creation of obligation depends upon the fulfilment/occurence
of an event
2. It is considered a period (Art 1180).
When the debtor binds himself to pay when his means permit him to do so,
the obligation shall be deemed one with a period. In this case, it is presumed
that the debtor promises to pay when his means permit him to do so.
Condition future and uncertain event where the resolution or acquisition
of right is dependent.
Period future, certain, possible

As to: Period/Term Condition

Fulfilment An even which must necessarily Uncertain event
come
Influence on the Has no effect upon the existence of Gives rise to an obligation or
obligation obligation, only on the extinguishes one already existing
demandablity of the performance
(no retroactive effect)
Time Always refers to future May refer to past event unknown to
parties
Will of the debtor A period left to the debtors will A condition which depends exclusively
empowers the court to fix such upon the will of the debtor annuls the
period obligation

It is a simple potestative condition to a certain extent, it depends upon the

voluntary act of the debtor, yet it is likewise true that it is subject to
contingencies over which he has no control availability funds, etc.

The creditor should file an action to ask the court to fix a period/term for the
payment of the obligation. (Art 1197) The period to be fixed by court
becomes part of the contract.

Fixture of period and ordering of payment/compelling to pay cannot be

made in the same action. They are two causes of action. 2 nd COS is
premature without the 1st.

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 3. YES. He may vindicate his right -- Deprivation of a day in court is violation of
the right to due process, and he may be entitled to nominal damages.
Moreover, a mere stipulation in the contract is not enough, there ought to be
a demand (extrajudicial) on the part of the lessee Laila for Jade to vacate the
premises.

4. No.
Art. 1198. 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;
(2) When he does not furnish to the creditor the guaranties or securities which he has
promised;
(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;
(4) When the debtor violates any undertaking, in consideration of which the creditor agreed to
the period;
(5) When the debtor attempts to abscond. (1129a)

Loss of term:

In any of the cases above, the obligation becomes immediately due and
demandable even if the period has not yet expired. The obligation is thus converted
into a pure obligation.

If the cause is fortuitous event, there must be total disappearance/loss of

securities given in order to deprive the debtor of the benefit of the term.
(it need not be total when it is caused by the acts of the debtor.)
5. Depends. It is an alternative obligation. Although the debtor (Janice) has the
right of election, (Catriona), election may be granted to the creditor only
when the creditor has expressedly reserved that right to herself. The right to
choose may be granted to the creditor but the grant must be expressed. (the
choice may also be expressedly entrusted by the parties to a 3 rd person)
Limit: The right to choose is indivisible te debtor cannot choose part of
one prestations and part of another.
Choice: no prescribed form (orally, in writing, tacitly or by any other
unequivocal means provided that it is sufficient to make the other party
know that election has been made) unilateral declaration of will: notice
only not consent (except when debtor choses a prestation not object of
obligation)

conjunctive alternative facultative

One where the debtor has Several objects being due, the Only one thing is due but the debtor
to perform several fulfilment of one is sufficient, has reserved the right to substitute it
prestations and it is determined by the choice of the with another.

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extinguished only by the
performance of all of them
debtor.
(debtor has right of election)
The loss of the one thing due
affects the obligation
Election may be granted to
creditor
The loss of one object does not
extinguish the whole obligation.
The loss of substitute does not affect
the obligation.
Election never granted to creditor.
The loss of that which is due as the
object of obligation extinguishes such
obligation.

6. A. It is a solidary obligation.

Solidary
Each debtor is liable for the entire obligation
and each creditor is entitled to demand the
whole obligation.
I promise to pay followed by signatures of 2 or
more persons.
Joint
Each of the debtors is liable only for a proportionate
part of the debt and each of the creditor is entitled
only to a proportionate art of the credit.
We promise to pay used by 2 or more signers.

B. He may collect the whole amount of P30K from Jethro. In a solidary obligation,
each one of the debtors can be compelled to pay the totality of the debt or that
each one of them is obligated for the entire value of the obligation. Each of them is
deemed to utter the words I Promise to pay and each one may be compelled to
pay the whole.

Art 1216,

The creditor may proceed against any one of the solidary debtors or some or all of them
simultaneously. The demand made against one of them shall not be an obstacle to those which may
subsequently be directed against the others, so long as the debt has not been fully collected.

C.