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    Juan Valentino signed two documents obligating himself to Maria and Perla. He promised Maria his horse and promised Perla 500 pesos, both when he felt like it. Months passed and Juan did not fulfill the promises. Maria and Perla asked for legal advice. I would advise Maria that she cannot recover based on Juan's promise because a conditional promise does not create a legal obligation. For Perla, Juan's document acknowledges a debt, so while the promise was conditional on his willingness, it is interpreted as allowing payment when his means allow, making the 500 pesos recoverable if Perla asks the court to set a payment period.

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    Juan Valentino signed two documents obligating himself to Maria and Perla. He promised Maria his horse and promised Perla 500 pesos, both when he felt like it. Months passed and Juan did not fulfill the promises. Maria and Perla asked for legal advice. I would advise Maria that she cannot recover based on Juan's promise because a conditional promise does not create a legal obligation. For Perla, Juan's document acknowledges a debt, so while the promise was conditional on his willingness, it is interpreted as allowing payment when his means allow, making the 500 pesos recoverable if Perla asks the court to set a payment period.

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    28 views1 page

    Conditional Obligation1w

    Uploaded by

    liks5poyongan
    Juan Valentino signed two documents obligating himself to Maria and Perla. He promised Maria his horse and promised Perla 500 pesos, both when he felt like it. Months passed and Juan did not fulfill the promises. Maria and Perla asked for legal advice. I would advise Maria that she cannot recover based on Juan's promise because a conditional promise does not create a legal obligation. For Perla, Juan's document acknowledges a debt, so while the promise was conditional on his willingness, it is interpreted as allowing payment when his means allow, making the 500 pesos recoverable if Perla asks the court to set a payment period.

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    © All Rights Reserved
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    Conditional Obligations; Promise (1997)

    In two separate documents signed by him, Juan


    Valentino “obligated” himself each to Maria and to Perla, thus – ‘To Maria, my true love, I
    obligate myself to give you my one and only horse when I feel like It.” – and
    – ‘To Perla, my true sweetheart, I obligate myself to pay you the P500.00 I owe you when I feel
    like it.” Months passed but Juan never bothered to make good his promises. Maria and Perla
    came to consult you on whether or not they could recover on the basis of the foregoing settings.
    What would your legal advice be?

    SUGGESTED ANSWER:

    I would advise Maria not to bother running after Juan for the latter to make good his promise.
    [This is because a promise is not an actionable wrong that allows a party to recover especially
    when she has not suffered damages resulting from such promise. A promise does not create an
    obligation on the part of Juan because it is not something which arises from a contract, law,
    quasi-contracts or quasi- delicts  (Art,  1157)].  Under  Art.  1182,  Juan’s  promise  to Maria is
    void because a conditional obligation depends upon the sole will of the obligor.

    As regards Perla, the document is an express acknowledgment of a debt, and the promise to pay
    what he owes her when he feels like it is equivalent to a promise to pay when his means permits
    him to do so, and is deemed to be one with an indefinite period under Art. 1180. Hence the
    amount is recoverable after Perla asks the court to set the period as provided by Art. 1197, par. 2.

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