With a Period

With a Period | Different Kinds of Obligations | Obligations | OBLIGATIONS AND CONTRACTS

Under the framework of Civil Law in the Philippines, particularly in the law on Obligations and Contracts, obligations "with a period" (also known as "obligations with a term") represent a specific type of obligation where the fulfillment or demandability of the obligation is contingent upon the arrival of a designated time or event. Article 1193 of the Philippine Civil Code serves as the foundation for this subject, detailing the nature and rules of obligations with a period.


I. Definition and Characteristics of an Obligation with a Period

An obligation with a period, as provided under Article 1193, is one where the performance (or non-performance) of the obligation depends upon the arrival of a future and certain event. This type of obligation is characterized by the certainty of the period's arrival, even if the exact timing is unknown. The period may be fixed by law, the parties themselves, or the nature of the obligation.

Key Elements:

  1. Certainty of the Event - Unlike conditions (which deal with uncertainty), a period involves an event that is sure to happen; the only variable is the time of its occurrence.
  2. Effect on Demandability - The period affects when the obligation is demandable or enforceable. Before the period arrives, the obligation is considered suspended or “not yet due.”
  3. Types of Periods - The period can be either a date or a specific period of time that marks the commencement or the termination of the obligation.

II. Types of Periods in Obligations

Periods in obligations are classified based on different criteria. These classifications help determine the rights and obligations of the parties, as well as the effects on the demandability or extinguishment of the obligation.

A. Based on the Effect on the Obligation

  1. Suspensive Period (Ex die):

    • This is a period that suspends the demandability of an obligation until it arrives.
    • Example: "Payment is due on December 31." Until that date, the creditor cannot demand payment, as the obligation is not yet due.
  2. Resolutory Period (In diem):

    • A period that, once it arrives, extinguishes or terminates the obligation.
    • Example: A lease contract that expires after five years. Once five years have passed, the obligation to pay rent ceases.

B. Based on Who Benefits from the Period

  1. For the Benefit of the Debtor:

    • If a period is for the benefit of the debtor, the debtor alone can enforce it. The creditor cannot compel payment before the period’s arrival.
    • Example: A borrower may choose to pay a loan before the due date but is not required to do so.
  2. For the Benefit of the Creditor:

    • If the period is solely for the benefit of the creditor, they may demand performance at any time before the period arrives.
    • This is less common and usually only occurs if explicitly agreed upon.
  3. For the Benefit of Both Parties:

    • If the period benefits both parties, neither can compel performance or demand fulfillment before the period arrives unless mutually agreed.

C. Based on the Possibility of Determination

  1. Definite Period:

    • A period that is fixed, with a specific date or length of time.
    • Example: “The debt shall be paid on March 15, 2024.”
  2. Indefinite Period:

    • A period that is not precisely determined but will inevitably occur.
    • Example: "Payment will be made upon the debtor’s retirement." Though uncertain when the retirement will occur, it is expected to happen eventually.

III. Rights and Duties of Parties in Obligations with a Period

  1. Creditor’s Rights:

    • The creditor cannot demand performance before the arrival of the period in a suspensive period obligation.
    • Once the period arrives, the creditor gains the right to demand performance.
  2. Debtor’s Rights:

    • The debtor may, if the period is for their benefit, choose to perform before the period’s arrival, although they cannot be compelled to do so.
    • In the case of obligations with a resolutory period, the debtor is released from the obligation upon the expiration of the period.
  3. Mutual Consent for Extension:

    • If both parties agree, they may extend or alter the terms of the period, provided there is no legal prohibition.

IV. Loss of the Benefit of the Period (Article 1198)

Under certain circumstances, the debtor may lose the benefit of the period, allowing the creditor to demand performance immediately. These cases are outlined in Article 1198 of the Civil Code:

  1. Insolvency of the Debtor:

    • If the debtor becomes insolvent, the creditor may demand payment immediately, as the debtor’s financial instability may jeopardize the likelihood of future fulfillment.
  2. Failure to Furnish a Guaranty:

    • If the obligation required a guaranty or collateral and the debtor fails to provide it or the guaranty is lost without substitution, the creditor can demand immediate performance.
  3. Impairment of the Guaranty:

    • If the guaranty or security provided by the debtor becomes impaired or insufficient, and the debtor fails to restore its adequacy, the creditor may demand payment.
  4. Violation of Undertakings:

    • If the debtor acts in bad faith by violating specific undertakings or obligations that affect the obligation, the creditor can demand fulfillment.

V. Judicial Determination of Period (Article 1197)

If the obligation does not have a fixed period or if it’s uncertain, either party can request the court to fix a period (Article 1197). The court will consider the intention of the parties and the circumstances of the obligation.

  1. Discretion of the Court - The court's decision is generally final unless shown to be arbitrary or unreasonable.
  2. Factors for Determination - The court considers the nature of the obligation, the purpose of the obligation, and the situation of the parties.

VI. Distinction from Conditions

It is important to distinguish periods from conditions, as they serve different roles:

  • Conditions (Article 1181) refer to uncertain events that may or may not happen, affecting the existence or extinguishment of an obligation.
  • Periods, on the other hand, deal with future events that are certain to occur and only affect the timing of the obligation’s demandability or termination.

VII. Practical Applications and Jurisprudence

The Supreme Court of the Philippines has provided guidance on the interpretation and application of periods, with decisions reinforcing the principle that periods are intended to provide certainty and stability in contracts.

Relevant Cases

  • Insolvency and Loss of Period - Philippine jurisprudence has underscored the creditor’s right to demand immediate payment upon the debtor’s insolvency, reinforcing Article 1198's provision.
  • Judicial Intervention in Fixing Periods - Courts have the authority to intervene when the period is not agreed upon or clearly stated in the contract, as seen in cases that involve fairness in the creditor-debtor relationship.

VIII. Conclusion

Obligations with a period are fundamental in the Philippine Civil Law framework on Obligations and Contracts. These provisions protect both creditor and debtor interests by providing clarity on when obligations can be enforced or terminated, ensuring a balanced and fair legal structure.