Text of the provision
Art. 1190. When the conditions have for their purpose the extinguishment of an obligation to give, the parties, upon the fulfillment of said conditions, shall return to each other what they have received. In case of the loss, deterioration or improvement of the thing, the provisions which, with respect to the debtor, are laid down in the preceding article shall be applied to the party who is bound to return. As for the obligations to do and not to do, the provisions of the second paragraph of article 1187 shall be observed as regards the effect of the extinguishment of the obligation.
(1123)
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
When a resolutory condition is fulfilled, the parties must return to each other what they received. Loss, deterioration, and improvement are governed by Article 1189 applied to the party bound to return; obligations to do or not to do follow Article 1187.
Questions about this provision
Related provisions
- Article 1189 — Loss, Deterioration, Improvement Pending a Suspensive Condition.
- Article 1191 — Rescission of Reciprocal Obligations.
Cases citing this article
- Mactan-Cebu International Airport Authority vs. Benjamin Tudtud, et al, G.R. No. 174012, November 14, 2008 — read the decision on LawPhil →
- National Power Corporation vs Socorro T. Posada, Renato Bueno, Alice Balin, Adrian Tablizo, et al, G.R. No. 191945, March 11, 2015 — read the decision on LawPhil →
- Mactan-Cebu International Airport Authority (MCIAA) and Air Transportation Office (ATO) vs. Bernardo Lozada, et al, G.R. No. 176625, February 25, 2010 — read the decision on LawPhil →
- Heirs of TImoteo Moreno, et al. vs. Mactan-Cebu International Airport Authority, G.R. No. 156273, October 15, 2003 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.