Remedial Law
Updated 21st May 2025
Conditions Precedent
C

Conditions precedent are matters that must be complied with before a cause of action arises or before filing a claim in court. Compliance with these conditions is imperative and cannot be ignored. If a claim is subject to a condition precedent, compliance must be alleged in the pleading.

Examples of conditions precedent:

  • Prior resort to barangay conciliation proceedings in certain cases.
  • Attempts to settle and compromise disputes between members of the same family, which must appear from the verified complaint.
  • Exhaustion of administrative remedies before resorting to judicial action in certain cases.
  • A demand to pay before an action for collection of a sum of money or an action for unlawful detainer based on non-payment of rentals.
  • Tender of payment before making a consignation.

Failure to comply with a condition precedent is a ground for a motion to dismiss. Specifically, the ground is "That a condition precedent for filing the claim has not been complied with". However, the court may not motu proprio dismiss a case based on failure to comply with barangay conciliation unless this ground is pleaded in the defendant's response or is being litigated under Summary Procedure. Non-compliance with a condition precedent, like prior barangay conciliation, if not invoked at the earliest opportunity, such as in a responsive pleading, may result in the dismissal being erroneous.