Text of the provision
Art. 1193. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain. 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, and it shall be regulated by the rules of the preceding Section.
(1125a)
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
Obligations for which a day certain is fixed are demandable only when that day comes; those with a resolutory period take effect at once but end on that day. A day certain must necessarily come though its date be unknown; if it may or may not come, the obligation is conditional, not with a period.
Related provisions
- Article 1192 — Both Parties in Breach.
- Article 1194 — Loss Before the Period Arrives.
Cases citing this article
- Toyo Seat Philippines Corporation/Yoshihiro Takahama vs. Annabelle C. Velasco, et al, G.R. No. 240774, March 3, 2021 — read the decision on LawPhil →
- Maynilad Water Services, Inc. vs. The Secretary of the Department of Environment and Natural, G.R. No. 202897 / G.R. No. 206823 / G.R. No. 207969, August 6, 2019 — 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.