Short answer. You cannot demand payment immediately. A promise to pay when means permit is treated as an obligation with a period — not an immediate demand — but the period must eventually be fixed by a court if the debtor and creditor cannot agree, so you are not left waiting forever.
What the law says
When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of article 1197.
Civil Code, Article 1180 — Payment 'When Means Permit'. Read the full provision →
What the law does with this kind of promise
Article 1180 of the Civil Code classifies this type of arrangement directly: When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of article 1197. This means the debt is not a pure obligation demandable at once, nor is it a conditional obligation that might never become due. The law treats it as though a specific date or event will eventually arrive — the debtor's financial recovery — but because that date is not fixed, a court may need to determine it.
What happens when no specific period can be agreed on
Because the period depends on when the debtor's means permit payment, and the debtor alone controls that determination, Article 1197 of the Civil Code applies. That article provides that when a period depends upon the will of the debtor, the courts shall fix the duration. This means you can go to court and ask a judge to determine a reasonable time within which the debtor must pay. The court will consider the circumstances that were probably contemplated by the parties when they made the arrangement. Once a court fixes the period, it cannot be changed.
Why this protects the creditor
Treating this as an obligation with a period rather than a purely conditional one protects you as a creditor. A purely conditional obligation becomes due only if the condition is met — if the debtor's means never improve, a pure condition would mean the debt never becomes payable. By classifying it as an obligation with a period, the law ensures that the payment obligation is real and eventually enforceable. The debtor cannot indefinitely delay by claiming their means never permit payment; a court can impose a deadline.
What you should do now
If you believe the debtor now has sufficient means to pay — or if a reasonable amount of time has passed and you cannot reach an agreement on a payment date — you may file an action in court to fix the period of the obligation. Do not simply demand payment as though the debt were immediately due; that may not be consistent with what was agreed. Instead, ask a court to determine when payment should be made, using Article 1197 as your basis. Once the court sets the period, the obligation becomes enforceable on that date.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Raquel Estipona (Lelandlord E. Sto. Domingo) and Sps. Alberto Co and Lulu Co, G.R. No. 207407, September 29, 2021 — read the decision on LawPhil →
- Radiowealth Finance Company vs. Sps. Vicente and Ma. Su,ilang Del Rosario, G.R. No. 138739, July 6, 2000 — read the decision on LawPhil →