Kinds of Obligations Under the Civil Code (Arts. 1179

Short answer: The Civil Code sorts obligations by when they can be demanded (pure, conditional, or with a period), by what must be delivered (alternative or facultative), by how co-debtors share liability (joint or solidary), by whether performance can be split (divisible or indivisible), and by whether a penalty applies (penal clause). Articles 1179 to 1230 set the rules.

Each label answers a practical question: can I demand payment today, how much can I collect from each person, and what can I recover on breach? Getting it wrong can mean a premature demand, suing one co-borrower for the whole debt, or claiming damages a penalty clause already replaced.

What are the kinds of obligations under the Civil Code?

Chapter 3 of Title I, Book IV of the Civil Code (Republic Act No. 386) lists the different kinds of obligations. One obligation can fall into several categories at once: a loan signed by three borrowers can be solidary, payable on a fixed date and backed by a penalty clause all at the same time.

Kind of obligation	What it means	Practical effect	Civil Code
Pure	Does not depend on a future or uncertain event	Demandable at once	Art. 1179
Conditional	Depends on a future and uncertain event	Rights are acquired or lost only if the event happens	Arts. 1181–1192
With a period	Depends on a day that will surely come	Demandable only when that day arrives	Arts. 1193–1198
Alternative	Several things are due, but performing one is enough	The debtor usually chooses which one	Arts. 1199–1205
Facultative	One thing is due, but the debtor may substitute another	Losing the substitute before substitution creates no liability	Art. 1206
Joint	Two or more debtors or creditors, each with a separate share	Each debtor answers only for his or her share	Arts. 1207–1209
Solidary	Each debtor can be made to pay the whole debt	Exists only by express stipulation, law or the nature of the obligation	Arts. 1207, 1211–1222
Divisible or indivisible	Whether performance can be split into parts	Affects how several debtors perform and answer for damages	Arts. 1223–1225
With a penal clause	A penalty is agreed for breach	The penalty generally replaces damages and interest	Arts. 1226–1230

When can a pure or conditional obligation be demanded?

A pure obligation can be demanded immediately. Article 1179 says that every obligation “whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once.”

A conditional obligation depends on an uncertain event. Under Article 1181, “the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition.” There are two types:

Suspensive condition. The right arises only if the event happens. Example: “I will sell you my car if I am assigned to Cebu.” Until the assignment happens, the buyer cannot demand the car.
Resolutory condition. The right exists now but ends if the event happens. Example: “You may use my condo unit until you pass the bar.” The obligation is demandable now (Art. 1179, second paragraph) and ends when the condition is met.

A few rules change outcomes in practice:

Debtor-controlled conditions. If fulfillment depends on the sole will of the debtor, the conditional obligation is void. If it depends on chance or on a third person, it is valid (Art. 1182).
Impossible or illegal conditions, and those contrary to good customs or public policy, annul the obligation that depends on them (Art. 1183).
Blocking the condition backfires. A condition is deemed fulfilled when the obligor voluntarily prevents it from happening (Art. 1186).

Article 1191, which sits in the same section, gives the injured party in a reciprocal obligation (such as a sale) the choice between fulfillment and rescission, “with the payment of damages in either case.” In Universal Food Corporation v. Court of Appeals (G.R. No. L-29155, May 13, 1970), the Supreme Court allowed rescission under Article 1191 because the breach was fundamental and substantial. Our guide to resolution of reciprocal contracts under Article 1191 covers that remedy in detail.

How is a period different from a condition?

The test is certainty. Article 1193 says a day certain “is understood to be that which must necessarily come, although it may not be known when. If the uncertainty consists in whether the day will come or not, the obligation is conditional.” So “payable on December 31” and “payable when my father dies” are both periods, because both days will surely come. “Payable if I win the case” is a condition.

An obligation with a period is demandable only when that day comes (Art. 1193). Other key rules:

“I’ll pay when I can.” When a debtor promises to pay when his means permit, the law treats it as an obligation with a period, subject to Article 1197 (Art. 1180). The creditor does not have to wait forever: the court can fix the period.
No period stated. If the obligation fixes no period but one was clearly intended, or the period depends on the debtor’s will, the court may fix its duration (Art. 1197).
Losing the period. The debtor loses the benefit of the period and the debt becomes due at once if he becomes insolvent without giving security, fails to give promised security, impairs the security, violates an undertaking that was the reason for the period, or attempts to abscond (Art. 1198).

Who chooses in an alternative obligation, and what is a facultative one?

In an alternative obligation, the debtor is bound by several prestations but must completely perform only one, and the creditor cannot be forced to accept part of one and part of another (Art. 1199). The right of choice belongs to the debtor unless it was expressly given to the creditor (Art. 1200), and the choice takes effect only once communicated (Art. 1201). If all the options are lost through the debtor’s fault, the creditor is entitled to damages based on the value of the last thing that disappeared (Art. 1204).

In a facultative obligation, only one thing is due, but the debtor may deliver another in its place (Art. 1206). Because the substitute was never really owed, its loss or deterioration through the debtor’s negligence does not make him liable. Once the substitution is made, though, the debtor answers for the substitute’s loss caused by his delay, negligence or fraud.

Are co-debtors liable for the whole debt?

Usually not. Article 1207 says that having two or more debtors in one obligation does not mean each must render entire compliance. “There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity.” If none of those applies, the debt is presumed divided into as many shares as there are debtors, each share treated as a distinct debt (Art. 1208).

When the obligation is solidary, the creditor may go after any one of the debtors, or some or all of them at once, until the debt is fully collected (Art. 1216). A debtor who pays the whole debt can recover from each co-debtor only that person’s share, with interest on the payment made; if one co-debtor is insolvent, the others absorb that share proportionately (Art. 1217). For a full side-by-side comparison, see our guide on joint vs solidary obligations.

What does divisible or indivisible change?

Obligations to give definite things, and those not susceptible of partial performance, are indivisible. Work measured by days or metrical units is divisible. Even a physically divisible object is treated as indivisible if the law or the parties intended it (Art. 1225). With only one debtor and one creditor, divisibility does not change the general rules (Art. 1223).

Indivisibility and solidarity are separate ideas: “The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility” (Art. 1210).

What does a penal clause do?

A penal clause sets a penalty for breach in advance. Under Article 1226, the penalty “shall substitute the indemnity for damages and the payment of interests in case of noncompliance, if there is no stipulation to the contrary.” Damages may still be recovered if the debtor refuses to pay the penalty or commits fraud. The creditor does not need to prove actual damages to collect the penalty (Art. 1228).

The debtor cannot escape performance by simply paying the penalty unless that right was expressly reserved, and the creditor cannot demand both performance and the penalty unless clearly granted that right (Art. 1227). Courts must equitably reduce the penalty when the obligation was partly or irregularly performed, and may reduce it if it is iniquitous or unconscionable (Art. 1229). In Filinvest Land, Inc. v. Pacific Equipment Corporation (G.R. No. 138980, September 20, 2005), the Supreme Court upheld the reduction of a delay penalty because the contractor had already completed most of the work. See our guide on the penalty clause in a contract.

What this means for you

Before you demand, refuse to pay or sue, read the contract, note or messages and ask four questions. Is it due yet (look for “if,” “on,” “within” or “when”)? What exactly is owed, and who chooses? Do the words “solidarily,” “jointly and severally” or “in solidum” appear, or does a law impose solidarity? Is there a penalty clause? The answers decide whether your demand is timely, whom you can sue and for how much.

Your options and what to do next

If you are the creditor (you are owed money, goods or a service):

Gather your documents. Bring the contract or promissory note, receipts and proof of any partial payment, messages showing the agreed terms, and IDs of all the debtors.
Send a written demand once the obligation is due. As a rule, the debtor is in delay only from the time you demand performance, judicially or extrajudicially (Art. 1169). A written extrajudicial demand also interrupts prescription (Art. 1155). Name every debtor, the amount due, the basis and a deadline. See our guide on demand letters before filing a case.
If the debtor said “I’ll pay when I can” or no date was set, ask the court to fix the period (Arts. 1180 and 1197).
Check barangay conciliation. When both parties are individuals living in the same city or municipality, the dispute generally goes to the barangay (Katarungang Pambarangay) before any court case, unless an exception applies, such as an action about to prescribe (Local Government Code, Secs. 408 and 412). File with the punong barangay where the debtor lives (Sec. 409). Ask at your barangay hall whether it applies and bring your demand letter and documents.
File the right case. For payment or reimbursement of money not exceeding ₱1,000,000, a small claims case in the first-level court (MeTC, MTCC, MTC or MCTC) is usually the fastest route, and lawyers may not appear for the parties at the hearing (Rules on Expedited Procedures in the First Level Courts, Rule IV, Secs. 1 and 18). Larger claims, or claims for something other than money, go through an ordinary civil action. Our guide on small claims vs a regular civil action helps you choose.
Mind the deadline. Actions on a written contract must be brought within 10 years and on an oral contract within 6 years from accrual (Arts. 1144 and 1145). See prescription of contract actions.

If you are the debtor or a co-debtor:

Reply in writing if the demand is premature (condition not yet met, period not yet arrived) or asks for more than your share in a joint obligation.
If you are solidarily bound and you pay the whole debt, keep the official receipt and demand reimbursement of each co-debtor’s share with interest (Art. 1217).
If a penalty is grossly out of proportion to the breach, or you already performed part of the obligation, raise reduction under Article 1229 in your answer or in barangay talks.

Getting help: The Public Attorney’s Office (PAO) provides legal assistance to qualified clients; ask your nearest district office about eligibility. For large amounts, solidary guarantees or complex penalty clauses, consult a private lawyer before signing or suing.

Key takeaways

A pure obligation is demandable at once; a suspensive condition delays the right itself; a period only delays when the right can be enforced (Arts. 1179, 1181, 1193).
A promise to pay “when able” is treated as a period that a court can fix (Arts. 1180, 1197).
Multiple debtors are presumed jointly liable; solidarity must come from the contract, the law or the nature of the obligation (Arts. 1207–1208).
A penalty generally replaces damages and interest, needs no proof of actual loss, and can be reduced if unconscionable (Arts. 1226, 1228, 1229).

Frequently asked questions

Is a loan signed by several borrowers joint or solidary?

Joint, unless the note expressly says the borrowers are bound solidarily (or “jointly and severally”), or the law or the nature of the obligation requires solidarity (Art. 1207). In a joint loan, the debt is presumed divided into as many shares as there are borrowers, and each answers only for his or her own share (Art. 1208).

What if the debtor promised to pay “when I have money”?

Article 1180 treats this as an obligation with a period. If the debtor never pays, the creditor can ask the court to fix the period under Article 1197.

Can a creditor collect both the penalty and actual damages?

Generally no. The penalty substitutes for damages and interest unless the contract says otherwise, the debtor refuses to pay the penalty, or the debtor is guilty of fraud (Art. 1226).

Sources

Sources rechecked as of: October 4, 2026

This article is general legal information, not legal advice for your situation. For advice on your facts, consult a lawyer or the Public Attorney’s Office (PAO).

Kinds of Obligations Under the Philippine Civil Code