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2. Exceptions
Partial performance is allowed:
1. When a debt is in part liquidated and in part unliquidated, in which case performance of the liquidated part may
be insisted upon either by the debtor or the creditor.
(Examples: D owes C P3 million plus damages. Even if the amount of damages has not yet been ascertained, the
P3million is already known or liquidated. This is already demandable and payable.)
1. When a joint debtor pays his share or the creditor demands the same;
(NOTE: This is a complete payment of his share, but it is still a partial fulfillment of the whole obligation.)
1. When a solidary debtor pays only the part demandable because the rest are not yet demandable on account of
their being subject to different terms and conditions;
2. In case of compensation, when one debt is larger than the other, it follows that a balance is left.
3. When work is to be done by parts.
Article 1249
[The payment of debts in money shall be made in the currency stipulated, and if it is not possible to deliver
such currency, then in the currency to which is legal tender in the Philippines.]
The delivery of promissory notes payable to order, or bills of exchange or other mercantile documents shall
produce the effect of payment only when they have been cashed, or when through the fault of the creditor
they have been impaired.
In the meantime, the action derived from the original obligation shall be held in abeyance. (1170)
[Ang kabayaran ng utang sa salapi ay naaayon sa pera na nakasaad, at kung hindi posible na ito ay mabigay sa
ganoong pera, ito ay isasalin sa pera na legal na pinaiikot sa Pilipinas.]
Ang pagbibigay ng promissory notes na kabayaran sa order o sa pagpapalit ng perang papel, o kahit na anong
pangkalakal na dokumento, ay magbubunga lamang ng epekto na nakapagbayad sa oras na ito ay napalitan ng
salapi, o kung sa pagkakamali ng pinagkautangan ito ay nasira.
Samantala, ang aksyon nanggaling sa orihinal na obligasyon ang dapat na ipagpaliban.
Discussion:
The rule is different when there is extraordinary inflation or deflation under Article 1250, wherein the value of
the currency at the time the obligation was established shall be the basis of payment, if there is an official
pronouncement or declaration of an extraordinary inflation or deflation.
Concept of Legal Tender
Legal tender refers to the currency which may be used for payments of debts whether public or private, and which
the creditor cannot refuse to accept. In the Philippines, the legal tender covers all notes and coins issued by the
Central Bank of the Philippines.
Also, under Presidential Decree No. 72, effective November 29, 1972, there is a limit in the use of coins as legal
tender to release the creditor from the burden of counting huge amounts of money in coins. The creditor will find
it troublesome not only to count them, but also to carry them. So, he may not accept coins as payment beyond
what the law allows.
1.) 1 centavo coins and 5 centavo coins are legal tender up to P20.00.
2.) Other coins (.10, .25, and P1) are legal tender up to P50.00
3.) Paper bills or money issued by the Central Bank are valid legal tenders for any amount unlike coins.
Payment in Negotible Documents
Examples of negotiable documents are checks, promissory notes payable to order or bills of exchange are not
considered as legal tenders. Therefore, the creditor has the right to refuse acceptance of these documents as
payment, even if they happen to be good. The law says that these papers shall produce the effect of payment only
when they have been encashed – which means they have been honored by the drawee bank and have been
exchanged with cash money.
Rule on payment in check
A check is not a legal tender, whether it is an ordinary check or manager’s check. The rule applies even if the
check was consigned in court. However, there are exceptions to this rule:
1. When a manager’s check was consigned with the court which the clerk of court endorsed to the Provincial
Treasurer and which then honored by the bank and credited to teh treasurer’s account;
2. When the creditor has accepted the debtor’s check for the repurchase of the latter’s property, the former cannot,
the following day refuse to accept the check anymore as payment. The creditor is under estoppel having induced
the debtor to believe that he had consented such form of payment;
3. When after the payment of the check in court the vendor a retro, the vendee a retro petitioned the court to
allow him to withdraw the amount in deposit, the payment in check is valid;
4. When the check had lost its value due to the fault of the creditor, such when he unreasonably delayed the
presentation of the check with the drawee bank for payment, the payment in check is valid;
5. When the foreign bill of exchange lost its value for the reason that the creditor had neglected to make a
protest. Had there been a timely protest, the debtor could have pursued the right of recourse against the parties
who are secondarily liable.
Case Illustration: Belisario vs. Natividad (60 Phil. 156)
Article 1250
In case an extraordinary inflation or deflation of the currency stipulated should supervene, the value of
the currency at the time of the establishment of the obligation shall be the basis of payment, unless there
is an agreement to the contrary.
Sa pagkakataong ang sobra-sobrang pagtaas o pagbaba ng pera na nasa stipulasyon ay mangyayari, ang
halaga ng pera sa oras na nagawa ang obligasyon ang magiging batayan sa pagbayad, maliban lamang kung
iba ang napagkasunduan.
Discussion
The inflation or deflation in this case must be extraordinary, meaning it is not a universal trend which did not
spare the country.
Extraordinary inflation exists when there is a decrease or increase in the purchasing power of the Philippine
currency which is unusual of beyond the common fluctuation on the valued of said currency, and such increase
or decrease could not have been reasonably foreseen or was manifestly beyond the contemplation of the parties
at the time of the establishment of the obligation.
Necessity of official declaration
This provision only applies in extraordinary deflation or inflation. Hence, to distinguish it from ordinary
deflation or inflation, there must be an official pronouncement or declaration by competent authorities of the
existence of extraordinary inflation during a given period. Absent such, this provision does not apply.
Although this provision speaks of obligation, it does not apply to all obligations but only to contractual
obligations. It cannot be applied to obligations arising from torts.
R.A. No. 6426
The only exception to the secrecy of foreign currency deposits is in case of a written permission of the
depositor.
Ponente: J. Griño-Aquino
Facts:
In 1961, NAWASA entered into a contract with FPFC for the supply of pressure pipes. After delivery and
failure of NAWASA to pay in full, FPFC initiated a collection suit on 1967 at the CFI of Manila. The trial court
ruled in favor of FPFC, however NAWASA failed again to pay. On 1971, FPFC filed another complaint, this
time, seeking an adjustment of the unpaid balance in accordance with the value of the Philippine peso when the
decision was rendered in 1967.
NAWASA filed a motion to dismiss but it was not granted by the Court. However, the complaint filed by FPFC
was also dismissed. Appeal was originally brought by the FPFC to the Court of Appeals but since the principal
purpose of the action was to secure a judicial declaration that there exists extraordinary inflation within the
meaning of Article 1250 of the New Civil Code, it was forwarded to the Supreme Court, pursuant to Section 3,
Rule 50 of the Rules of Court.
While FPFC’s voluminous records and statistics proved that there has been a decline in the purchasing power of
the Philippine peso, this downward fall of the currency cannot be considered “extraordinary.” It is simply a
universal trend that has not spared our country.
Article 1251
Payment shall be made in the place designated in the obligation.
There being no express stipulation and if the undertaking is to deliver a determinate thing, the payment
shall be made wherever the thing might be at the moment the obligation was constituted.
In any other case the place of payment shall be the domicile of the debtor.
If the debtor changes his domiciles in bad faith or after he has incurred in delay, the additional expenses
shall be borne by him.
These provisions are without prejudice to venue under the Rules of Court.
Ang kabayaran ay dapat gawin sa lugar kung saan itinalaga ang obligasyon.
Na walang nakasaad na stipulasyon at kung ang layunin ay magdala ng bagay, ang kabayaran ay dapat gawin
kung saan ang bagay sa sandaling ang obligasyon ay ginawa.
Sa kahit anong kaso ang lugar ng pagbabayad ay dapat sa tirahan ng nangutang.
Kung ang nagutang ay nagbago ng lugar na tinitirhan sa masamang intension/hangarin o pagkatapos siyang
mahuli sa pagbabayad, ang dagdag na gastos ay maipapataw sa kanya.
Ang probisyon na ito ay walang kinalalaman sa lugar na tinutukoy sa Rules of Court.
Venue of Payment
Article 1255
The debtor may cede or assign his property to his creditors in payment of his debts. This cession, unless
there is stipulation to the contrary, shall only release the debtor from responsibility for the net proceeds of
the thing assigned. The agreements which, on the effect of the cession, are made between the debtor and
his creditors shall be governed by special laws. (1175a)
Ang nangutang ay maaaring italaga ang kanyang pag-aari sa kanyang inutangan para sa pagbabayad sa
kanyang inutangan ng inutang. Ang pagtatalaga, maliban kung may nasasaad na kasalungat, ay maari lang na
palayain ang nangutang sa kanyang responsibilidad para sa natitirang halagang bagay na itinalaga. Ang
kasunduan na epekto ng pagtatalaga, ay ginawa sa pagitan ng nangutang at nagpa-utang ay pinamamahalaan
ng espesyal na batas.
Discussion:
Payment by Cession is another special form of payment. It is assignment and abandonment of all the properties
of the debtor for the benefit of his creditors in order that the latter may sell the same and apply the proceeds
thereof to the satisfaction of their credits.
Classes of Cession or Assignment:
1. Object: What is ceded is the universality of debtor’s property excluding those exempted from execution /vs/ What
is delivered is only a particular property considered as an equivalent of the performance of the obligation;
2. Number of Parties : There is plurality of creditors /vs/ There may be only one creditor
3. Financial Condition of debtor: Debtor is insolvent /vs/ Not necessarily insolvent. dation payment can take place
even when the debtor is solvent
4. Effect: Ownership is not transferred to the creditor /vs/ Ownership is transferred to the creditor upon delivery
5. Novation: Not an act of novation of the contract /vs/ an act of novation
Article 1256
If the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor
shall be released from responsibility by the consignation of the thing or sum due.
Consignation alone shall produce the same effect in the following cases:
1. When the creditor is absent or unknown, or does not appear at the place of payment;
2. When he is incapacitated to receive the payment at the time it is due;
3. When, without just cause, he refuses to give a receipt;
4. When two or more persons claim the same right to collect;
5. When the title of obligation has been lost.
Kung ang nagpautang kung saan ang kabayaran ang ginawa at tinanggihan ang walang kadahilanan na
tanggapain ito, ang nangutang ay maaaring pakawalan sa kanyang responsibilidad sa pamamagitan ng
konsignasyon ng mga bagay o kabuuan na dapat bayaran.
Ang konsignasyon ay maaaring maglabas ng parehong epekto sa mga sumusunod na pangyayari.
1. Kung kailan ang nagpautang ay wala o hindi na Makita, o hindi na Makita sa lugar na magbabayaran.
2. Kung kailan sya ay walang kakayahan na tumanggap ng bayad kapag dumating na ang takdang panahon na
dapat ng bayaran.
3. Kung kalian, walang dahilan, ay tinanggihan nya na magbigay ng resibo;
4. Kung kalian dalawa o higit pang mga tao ay humahabol ng karapatan na kumolekta;
5. Kung kalian ang titulo ng obligasyon ay nawala.
Article 1257
In order that the consignation of the thing due may release the obligor, it must first be announced to the
persons interested in the fulfillment of the obligation.
The consignation shall be ineffectual if it is not made strictly in consonance with the provision which
regulate the payment.
Upang mapalaya ang may utang mula sa consignation ng kanyang pagkakautang, kinakailangan muna niyang
ipaalam ito sa mga taong interesado sa pagtupad ng obligasyon.
Ang consignation ay walang bisa kapag ito ay hindi ginawa sa paraang naaayon sa probisyon na nag-aayos ng
kabayaran.
Discussion:
The purpose of the announcement if to give the creditor the chance to accept the tender of payment and avoid
unnecessary litigation.
The article emphasises on the fact that consignation must be strictly made in consonance with the provisions of
the law in order for it to be effectual or valid.
Article 1258
Consignation shall be made by depositing the things due at the disposal of judicial authority, before
whom the tender of payment shall be proved, in a proper case, and the announcement of the consignation
in other cases.
The consignation having been made, the interested parties shall also be notified thereof.
Ang consignation ay mangyayari sa pamamagitan ng pagdeposito sa korte ng bagay na obligasyong ibigay, at
ang korteng ito ay kung saan ang tender of payment ay kailangang patunayan, sa tamang kaso, at sa
paghahayag ng consignation ng iba pang kaso.
Discussion
Requisites of Consignation:
Case Illustration:
Limkako vs De Teodoro 47 Phil 313 (1943)
Ponente: J. Ozaeta
Facts:
The Limkakos and David were co-owners of a property in Manila. The Limkakos mortgaged their property to
David who, before her death, donated the mortgage credit to her adopted daughters, de Teodoro and de Sison.
The Limkakos sold their mortgaged property to Sison. De Teodoro refused to have her mortgage credit payed
off, thus the Limkakos consigned the payment to the office of the clerk of court who, in turn, deposited the
check in the Insular Treasury as fiduciary funds.
The plaintiffs then brought this action to compel the Teodoros to accept the payment.
Issue: Whether or not the consignation is valid?
Held:
Yes.
Under Article 1176 of the Civil Code (now Article 1256 of the New Civil Code), if a creditor to whom tender of
payment has been made should refuse without reason to accept it, the debtor may relieve himself of liability by
the consignation of the thing due. Article 1177 of the Civil Code (now Article 1257 of the New Civil Code)
states that in order that the consignation of the thing due may release the obligor, previous notice thereof must
be given to the persons interested in the performance of the obligation. And under Article 1178 (now 1258 of
the New Civil Code), consignation shall be made by the delivery of the things due to the court, accompanied by
proof of tender, when required, and of notice of the consignation in other cases. After the consignation has been
made, the persons interested shall also be notified thereof.
There was a tender of payment and a refusal by Mrs. Teodoro due to her preference that she be the one to
purchase the property instead of Sison. The SC ruled that the refusal to accept the payment was invalid.
The second requisite for consignation to be valid is that the previous notice of the consignation be made to the
person interested in the performance of the obligation. The record of the case is silent on this point, but no
attack on the consignation is made by the defendants.
The third requisite is that after the consignation has been made, the person interested shall also be notified
thereof. This was fulfilled by the service of summons.
The consignation therefore is valid, hence, the Teodoros are required to accept the tendered payment.
Article 1259
The expense of consignation, when properly made, shall be charged against the creditor.
Ang mga gastos ng consignation, kapag maayos na nagawa, ay maipapataw laban sa nangutang.
*If the consignation is properly made the filling of the suit must bear the expenses of consignation like storage
fees, filling fees, attorney’s fees and other related expenses.
Article 1260
Once the consignation has been duly made, the debtor may ask the judge to order the cancellation of the
obligation.
Before the creditor has accepted the consignation, or before the judicial declaration that the consignation
has been properly made, the debtor may withdraw the thing or the sum deposited, allowing the obligation
to remain in force.
Kapag ang pagkakatiwala ay naisagawa na, ang may utang ay maaaring hilingin sa hukom na ipag-utos na
kanselahin ang obligasyon.
Bago pa man tanggapin ng nagpautang ang pagkakatiwala, o bago pa man ipahayag ng hukuman na nagawa na
ang kasunduan sa pagkakatiwala, ang nangutang ay maaaring bawiin ang bagay o kabuuan ng kanyang
naideposito, pumapayag na ang obligasyon ay manatili pa rin.
Discussion:
Effect of valid consignation. When the consignation is properly effected, the court will order the cancellation of
the obligation upon motion duly filed by the debtor. When the validity of the consignation has been affirmed by
the court, the consignation shall have a retroactive effect. The obligation is deemed paid from the moment the
amount or the thing due has been actually placed at the disposal of the court. The running of interest if
stipulated is also deemed suspended at the same time.
Effect of improper consignation. If the consignation is not properly made the obligation stays as the attempted
consignation did not amount to payment.
Effect of dismissal of the consignation case. If the case has been dismissed by the court for any valid reason the
attempted consignation will have no favorable effect upon the debtor.
Withdrawal of the thong or sum deposited, when available. The debtor who made the deposit may still
withdraw the thing or sum of money he had deposited in court provided that:
A. The creditor has not yet accepted the thing or sum deposited;
B. That the court had not yet made a judicial declaration that the consignation had been properly made.
The reason why debtor may still withdraw the thing deposited is that he still owns the money or thing deposited
at the precise time.
Judicial approval is necessary to render consignation effective and valid. Without judicial approval, the amount
deposited continues to be under the disposition of the debtor. After the consignation has been approved, the
debtor may ask for the cancellation of the obligation.
Article 1261
If the consignation having been made, the creditor should authorize the debtor to withdraw the same, he
shall lose every preference which he may have over the thing. The co-debtors, guarantors and sureties shall
be released. (1181a)
Kapag nagkamali ang parehong partido at nagdulot ito ng pagkasira ng kanilang kasunduan, ang kanilang
kontrata ay maaaring baguhin.
Article 1262
An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost
or destroyed without the fault of the debtor, and before he has incurred in delay.
When by law or
stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the
obligation, and he shall be responsible for damages. The same rule applies when the nature of the obligation
requires the assumption of risk. (1182a)
Kung sakali’t ang obligasyon ay nauukol sa tukoy na bagay ang mga ito ay mawawalang bisa kung ito ay nasira
ng walang kinalaman ang umutang at hindi lumampas sa takdang panahon ang kabayaran.
Kung sakalit
nakasaad sa kasulatan na kahit dumating man ang hindi inaasahang pangyayari ay kailangan bayaran ang
inutang kahit nasira man o mawala ang kabayaran. Babayaran ng umutang ang bagay na kabayaran kahit
anuman ang mangyari.
Article 1263
In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not
extinguish the obligation. (n)
Sa obligasyon na ihatid ang isang panlahat (Generic) na uri ng bagay, ang pagkawala o ang pagkasira ng ano
mang magkaka- uri ay hindi tumatapos ng obligasyon.
Discussion:
This Article is based from the principle that “genus never perish” (genus nunguan perit). The debtor can still be
compelled to deliver a thing of the same kind. The creditor, however, cannot demand a thing superior quality
neither that a debtor deliver a thing of inferior quality.
If a generic thing is delimited, that is, where there has been limitation of the generic object to a particular group
of things, the obligation is extinguished by the loss of that particular group from which the the prestation has to
be taken. [ill. Jane, the obligor has committed to deliver half ton of banana from her lakatan banana tree, but the
harvest was damaged by a pest. All the trees and growing fruits were destroyed. he obligaton is extinguished. In
effect when the banana had been particularized, the object of the obligation become determinate. Their loss
extinguishes the obligation.]
Article 1264
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The courts shall determine whether, under the circumstances, the partial loss of the object of the obligation
is so important as to extinguish the obligation. (n)
Ang Korte ang magsasaalam kung, sa ilalim ng mga pangyayari, ang bahagi na pagkawala ng bagay ng
obligasyon ay mahalaga upang tuluyan na mawala na ang obligasyon.
Illustration:
James is obliged himself to deliver to Jake a specific race horse. The horse met an accident as a result of which it
suffered a broken leg. The injury is permanent. Here, the partial loss is so important as to extinguish the obligation.
If the loss is due to the fault of James, he shall obliged to pay the value of the horse with indemnity for damages.
If the horse to be delivered is to be slaughtered by Jake, the injury is clearly not important. Even if there was fault
on the part of James, he can still deliver the horse with liability for damages, if any, suffered by Jake.
Article 1265
Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his
fault, unless there is proof to the contrary, and without prejudice to the provisions of Article 1165. This
presumption does not apply in case of earthquake, flood, storm, or other natural calamity.
Kapag ang bagay ay nawala sa mga kamay ng may utang, ito ay inaakalang nawala dulot ng kanyang
pagkakamali, maliban na lamang kung may makakapagpatunay sa taliwas nito, nang hindi nakakapinsala sa
probisyon ng Artikulo 1165. Ang sapantahang nabanggit ay hindi maaaring gamiting sa mga kaso ng lindol,
baha, bagyo, o anumang natural na kalamidad.
Discussion:
The presumption that the debtor is at fault if he is in the possession of the thing which got lost is rebuttable. Thus
, the debtor may prove that he was not at fault, but if he incurred delain in the process or he had promised to
deliver the thing to two or more persons with different interests, he will be liable even if the loss is due to fortuitous
events.
Furthermore, presumption does not apply in cases of loss or destruction due to natural calamity such as
earthquake, flood, or storm. In these cases, the debtor is generally not liable due fortuitous events as discussed in
Article 1174 in relation to Article 1262.
Article 1266
The debtor in obligation to do shall also be released when the prestation become legally or physically
impossible without the fault of the obligor.
Ang may obligasyong gumawa ay mapapawala sa kaniyang obligasyon kung ang prestation ay naging
imposible dahil sa legal o pisikal na aspeto, nang walang masasabing kasalanan ang may obligasyon.
Discussion:
Two kinds of impossibility are tackled in this provision, the legal and physical impossibility.
Legal impossibility arises when the act stipulated to be performed is subsequently prohibited by law.
Article 1267
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When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the
obligor may also be released therefrom, in whole or in part.
Kapag ang serbisyo ay naging mahirap upang maipahayag na lampas sa contemplation ng partido, ang
nangutang ay maari rin mapalaya, sa kabuoan o sa bahagi nito.
*This article refers to the difficulty of service or performance manifestly beyond the intention of the parties.
Article 1268
When the debt of a thing certain and determinate proceeds from a criminal offense, the debtor shall not
be exempted from the payment of its price, whatever maybe the cause for the loss, unless the thing having
been offered by him to the person who should receive it, the latter refused without justification to accept
it.
Kung ang utang ay bagay na natutukoy o determina ay nagmula sa kasong kriminal, ang nangutang ay
kailangan pa rin magbayad kahit ano pa man ang kadahilanan ng pagkawala ng bagay na ito. Maliban na
lamang kung ibinibigay na ito ng nangutang at hindi ito tinanggap ng nagpautang ng walang nararapat na
pangangatwiran.
Discussion:
The article applies only to an obligation to deliver a certain thing which is determinate, and which the obligation
arose out of the commission of a criminal offense committed by the debtor. If the thing is lost for whatever
reason the debtor shall pay for the value of the thing.
If the obligor had offered or tendered the delivery of the thing to the obligee, but the latter had unjustifiably
refused to accept it, and the thing got lost, the former is not liable anymore because the latter is in mora
accipiendi.
Article 1269
The obligation having been extinguished by the loss of the thing, the creditor shall have all the rights of
action which the debtor may have against third persons by reason of the loss. (1186)
Kapag pagkakatiwala ang napagkasunduan, ang nagpapautang ang may karapatang bumawi sa nangutang,
maaaring mawala sa kanya ang karapatan sa anumang kagustuhan nya sa bagay na ito. Ang kanyang mga
kasamahang nagpapautang, mga gumagarantiya at mga tagapanagot ay magiging malaya.
Discussion
Although the obligation is extinguished by los of a thing without the debtors fault, nevertheless, whatever action
the debtor may have against the third person by reason of the loss transferred to the creditor in order to safeguard
the interest of the latter. The right of action includes the insurance indemnity that may have been received from
the third person.
Illustration
Severino obliged himself to deliver to apolinario a specific carabao, without the permissio of severino, his
neighbor, pacifico took the carabao and used the same foe plowing. Later the carabao was lost through
pacifico’s fault. Severino’s obligation was extinguished. But apolinario acquired the right to file an action against
pacifico to recover the price of carabao.
Article 1270
Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. It may be
made expressly or impliedly.
Ang “condonation” ay isang pagpapatawad ng nagpautang sa umutang ito ay tinataguring isang pabuya sa
isang tao at kinakailangan naman ng pagtanggap ng dapat na siyang magbayad. Ito ay pwede ipakita sa
pamamagitan pahiwatig o pahayag.
Article 1271
The delivery of a private document evidencing a credit, made voluntarily by the creditor to the debtor,
implies the renunciation of the action which the former had against the latter.
If in order to nullify this waiver it should be claimed to be inofficious, the debtor and his heirs may
uphold it by proving that the delivery of the document was made in virtue of payment of the debt. (1188)
Ang paghahatid o pagdadala ng pribadong dokumento na nagpapatunay sa isang pagkakautang na ginawang
boluntaryo ng nagpautang sa nangutang, ay pinababatid ng pagtatakwil ng karapatan ng mga ginawa ng
nangutang sa kanya.
Kung para maipawalang bisa ang pagtatakwil ng karapatan kailangang angkinin na inofficious ito, ang
nangutang at ang kanyang tagapagmana ay maaaring sang-ayunan ito sa pamamagtan ng pagbibigay na ang
inihatid na dokumento ay ginawa sa kabutihan ng pagbabayad ng utang.
Discussion:
Presumption in case of voluntary delivery of indebtedness by creditor:
1)Pressumption of implied remission – the article gives an example of implied or tacit remission. If the debt is
not yet paid, the creditor would need the document to enforce payment. In case he voluntarily delivers it to he
debtor, the only logical interference is that he is renouncing his right.
2)Contrary Evidence – The pressumption is prima facieor rebuttable by contrary evidence. Evidence is admissible
to show otherwise, as when a receipt signed by the creditor was delivered only for examination by the debtor
client (lawyer) of the amount of attorney’s fee to be paid by the latter.
3)Extent of remission – If the obligation is joint, the pressumption of remission partains only to the share of the
debtor who is in possession of the document; if solidary, to the total obligation.
4)Presumption applicable only to private document – Article 1271 speaks of a private document. The legal
presumption of remission does not apply in the case of a public document because it is easy to obtain a copy of
the same, being a public record
Under second paragraph of Article 1271, the renunciation of the action which the creditor had against the debtor
maybe nullified or invalidate by showing that the waiver is inofficious. In other words the remission becomes
null and void upon proof that it is inofficious.
The debtor and his heirs may prove that the delivery of the document was really made in virtue of payment of the
debt and not remission.
Article 1272
Whenever the private document in which the debt appears is found in the possession of the debtor, it
shall be presumed that the creditor delivered it voluntarily, unless the contrary is proved. (1189)
Kung sakaling ang pribadong dokumento na kung saan na ang utang ay nakita at natagpuan sa pangangalaga
ng nangutang, nandoon ang pag-aakala na ang nagpautang ay dinala nya ito ng kusang loob, maliban na
lamang na ito ay nagpapatunay na sumasalungat.
Example:
Kristine owe Karen P20,000.00 evidenced by a promissory note. The note, signed by Kristine, is given to
Karen.
If the promissory note is voluntary delivered to Kristine, the presumption is that the debt must have been
remitted by Kristine.
If it is known that Kristine has not yet paid Karen, it must be presumed that the obligation has been remitted by
Karen.
Suppose it is not known how Kristine came into possession of the promissory note. The presumption is that it
was voluntarily delivered by Karen, unless Karen proves the contrary. (Art. 1272)
Remission is an act of liberality by virtue of which the obligee, without receiving any price or equivalent,
renounces the enforcement of the obligation, as a result of which it is extinguished in its entirety or in that part
or aspect of the same to which the remission refers.
Article 1273
The renunciation of the principal debt shall extinguish the accessory obligations; but the waiver of the
latter shall leave the former in force.
Ang pagtatakwil ng kabayaran sa prinsipal na utang ay makakapagpawalang bisa sa obligasyong
aksesoryal. Ngunit ang pag-waive ng obligasyong aksesoryal ay hindi nangangahulugang wala nang bisa ang
prinsipal na utang.
Discussion:
The accessory obligation is extinguished once the principal debt is remitted, because the existence of the accessory
obligation is dependent upon the existence of the principal obligation.
On the other hand, if the accessory obligation alone is extinguished, the principal obligation remains, because the
existence of the principal obligation is not dependent upon the accessory obligation.
Remission of principal debt, effect on accessory obligation
Pedro borrowed money from Juan, Maria guaranteed the payment of the loan. Juan remitted the entire
obligation of Pedro. THis remission extinguishes the whole obligation.
Remission of the accessory Obligation
Pedro borrowed money from Juan. To secure the loan, Maria was convinced to mortgage his property to
Juan. If Juan released the mortgage by remission, Maria’s property is freed from the obligation. But the
principal obligation of Pedro which is the loan, shalll remain without any collateral or security.
Article 1274
It is presumed that the accessory obligation of pledge has been remitted when the thing pledged, after its
delivery to the creditor, is found in the possession of the debtor, or of a third person who owns the thing.
Maipapalagay na ang acessory obligation ng isang pledge ay naibalik kung, pagkatapos itong ibigay sa
inutangan, ito ay nasa poder ng nangutan, o sa taong nagmamay-ari nito.
Discussion:
Pledge is a contract by virtue of which the debtor delivers to the
creditor or to a third person a movable, or document
evidencing incorporeal rights, for the purpose of securing
the fulfillment of a principal obligation with the
understanding that when the obligation is fulfilled, the
thing delivered shall be returned with all its fruits and accessions.
If the pledge was found in the possession of the debtor, or of the third person who owns the thing, the
presumption is that the pledge, as an accessory obligation, has been remitted. However, this presumption can be
rebutted by the creditor if he proves that the thing is stolen, returned for repairs, etc., in which case, there shall
be no remission.
Remission is an act of liberty, by virtue of which the obligee, without receiving any price or equivalent
renounces the enforcement of the obligation, as a result of which it is extinguished in its entirety or in that part
or aspect of the same to which the remission refers. Simply put, it is the gratuitous abandonment by the creditor
of his right.
Illustration:
Jay and Zola are friends. Jay borrowed money from Zola. However, Zola’s wife is stingy. To appease his wife,Jay
and Zola made a written contract stipulating that Jay’s motorcycle will be used by Zola until the money borrowed
is returned, which Zola presented to his wife. His wife allowed Zola to lend Jay the money and the motorcycle
was delivered to Zola. However, since they are friends, Zola let Jay borrow the motorcycle often, until the time
that the motorcycle was exclusively used by Jay. It is therefore presumed that the motorcycle is remitted until
Zola rebuts such presumption.
Article 1275
The obligation is extinguished from the time the characters of creditor and debtor are merged in the same
person.
Ang obligasyon ay mawawala simula sa oras na kung saan ang character ng nagpautang at ng nangutang ay
nagsama sa isang tao.
Dicussion:
Requisites for Confusion or Merger of Right
1. There is a merger in the same person of the characters of a creditor and a debtor.
2. The merger must be in the characters of a principal creditor and a principal debtor.
3. The merger is definite and complete. Partial merger is allowed. It is definite and complete up to the extent of the
concurrent amount or value.
Article 1279
In order that compensation may be proper, it is necessary:
(1) That each one of the obligors be bound principally, and that he be at the same time a principal
creditor of the other;
(2) That both debts consist in a sum of money, or if the things due are consumable, they be of the same
kind, and also of the same quality if the latter has been stated;
(3) That the two debts be due;
(4) That they be liquidated and demandable;
(5) That over neither of them there be any retention or controversy, commenced by third persons and
communicated in due time to the debtor. (1196)
Para ang kompensasyon ay nararapat, dpat ito ay :
Upang maging wasto ang compensation, kinakailangan na:
(1) Bawat isa sa mga may utang ay obligado principally, at na siya din ang principal creditor nung isa;
(2) Kung ang parehong utang ay binubuo ng kabuuan ng pera, o ang bagay na dapat ibigay ay inilaan upang
gamitin, na pareho sila ng uri, at pareho din sila ng kalidad kung ang nahuli ay nakasaad;
(3) Kung ang dalawang utang ay dapat nang bayaran;
(4) Na ito ay liquidated at hinihingi
(5) Na wala sinuman sa mga ito mayroong anumang mga pagpapanatili o kontrobersya, na nagsimula sa
pamamagitan ng ikatlong tao at nakipag-ugnayan sa angkop na panahon sa may utang. (1196)
Discussion:
Article 1270 enumerates the requirements or requisites for legal compensation as follows:
1. “That each one of the obligors be bound principally, and that he be at the same time a principal creditor of the
other” – that parties be mutual creditor and debtor of each other and their relatonship is a principal one, that is,
they are principal debtor and creditor of each other.
2. “That both debts consist in a sum of money, or the thing due are consumable, they be of the same kind, and also
of the same quality if the latter has been stated”. – When the debts consist of a money, there is not much of a
problem when it comes to compensation to the concurrent amount. It is a matter of mathematical computation.
3. “That the 2 debts are due” – Thelaw does not require that the parties obligations be incurred at the same time,
what the law requires only is that the obligations be due and demandable at the same time.
4. “That they be liquidated and demandable” – A debt is considered liquidated when its amount is clearly fixed. It
is unliquidated when the amount is not fixed because it is still subject to a dispute or to a certain condition
5. “That over neither of them there be any retention or controversy, commenced by third persons and communicated
in due to the debtor” – A debt or a thing cannot be subject of compensation if the same had been the subject of a
garnishment of which the debtor was timely notified. When a credit or property had been properly garnished or
attached, it is placed under a custodia legis. this means it cannot be disposed of without the approval of the court.
Consequently, compensation cannot operate because a third party is already involved whose claim will be
determined by the court
Article 1280
Notwithstanding the provisions of the preceding article, the guarantor may set up compensation as
regards what the creditor may owe the principal debtor. (1197)
Bagaman ang probisyon ng nauuna na artikulo, ang tagapanagot ay maaaring mag lagay ng sahod/bayad na
magpalagay kung ang nagpautang kung may utang sa pangunahing nangutang.
Article 1281
Compensation may be total or partial. When the two debts are of the same amount, there is a total
compensation.
Ang kabayaran ay maaaring buo o bahagya. Kapag ang dalawang utang ay pareho ng halaga, ang kabayaran
ay buo.
Illustrations:
Total Compensation
Juan and Pedro are good friends. One day, Juan borrowed P100 from Pedro to buy some groceries. The following
day, while they were eating at a restaurant, Pedro realized he left his wallet in the car and borrowed P100 from
Juan.
Juan and Pedro became both debtors and creditors. Since their debts are of the same amount (P100), the
compensation is total.
Partial Compensation
Juan and Pedro are good friends. One day, Juan borrowed P100 from Pedro to buy some groceries. The following
day, while they were eating at a restaurant, Pedro realized he left his wallet in the car and borrowed P80 from
Juan.
Juan and Pedro became both debtors and creditors. Since their debts are not of the same amount (P100), the
compensation is partial. The balance of P20 remains an obligation.
Article 1282
The parties may agree upon the compensation of debts which are not yet due.
Ang mga partido ay maaring magkasundo sa kompesasyon ng utang na hindi pa kailangang bayaran.
Discussion:
As a general rule, compensation becomes effective when both mutual debts are due. This provision is an
exception to the rule.
Article 1283
If one of the parties to a suit over an obligation has a claim for damages against the other, the former may
set it off by proving his right to said damages and the amount thereof.
Kung ang isa sa mga partido sa suit over sa obligasyon ay nagsad ng danyos/pinsala laban sa iba, maari nya
itong ipatigil sa pamamagitan ng pagpapatunay ng kanyang karapatan sa nasabing danyos/pinsala at ang halaga
nito.
Difference between Compensation and Set-off or Counterclaim
Compensation – take place by mere operation of law and extinguishes reciprocally the two debts as soon as they
exist simultaneously, while
Set-off or Counterclaim – must be pleaded to be effectual.
Article 1284
When one or both debts are rescissible or voidable, they may be compensated against each other before
they are judicially rescinded or avoided.
Kapag ang isa o parehong mga utang ay maaaring ikansela o ipawalang bisa, maaari nilang bayaran ang
bawat isa bago pa man ito ipawalang bisa o kanselahin ng hukuman. (n)
Discussion:
Before rescissible or voidable debts are judicially rescinded or annulled, they are valid debts. The parties may
opt not to rescind or annul them. Consequently, until they shall have been judicially declared void, they can be
compensated against each other.
If the prescriptive period for the rescission or annulment of the debts had already lapsed, there is automatic
compensation and the same will not disturbed anymore.
In other cases, if the debt is rescinded or annulled, the compensation is also automatically cancelled and there
shall be restitution of what each party had received before the rescission or annulment.