Text of the provision
Art. 1187. The effects of a conditional obligation to give, once the condition has been fulfilled, shall retroact to the day of the constitution of the obligation. Nevertheless, when the obligation imposes reciprocal prestations upon the parties, the fruits and interests during the pendency of the condition shall be deemed to have been mutually compensated. If the obligation is unilateral, the debtor shall appropriate the fruits and interests received, unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same was different. In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the condition that has been complied with.
(1120)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Once a suspensive condition is fulfilled, the effects of an obligation to give retroact to the day the obligation was constituted. In reciprocal obligations the fruits and interests during the pendency are deemed mutually compensated; in unilateral ones the debtor keeps them. For obligations to do or not to do, the court fixes the retroactive effect.
Related provisions
- Article 1186 — Constructive Fulfillment.
- Article 1188 — Rights Pending the Condition.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.