ARTICLE 1270

Condonation or remission is essentially gratuitous, and requires the acceptance

by the obligor. It may be made expressly or im pliedly.
One and the other kind shall be subject to the rules which govern inofficious
donations. Express condonation shall, furthermore, comply with the forms of donation.
(1187)

It must be gratuitous
Peter expressively
offers to pay for
Patrick's taxi fare out of
kindness

It must be accepted by
the obligor
The donee(receiver)
If made expressively, it must accept the gift.
must comply with the Also, als long as the
forms of donation gift benefits the donee
acceptance will be
Condonation or presumed once there is
remission a delivery
the gratuitous
abandonment by
creditor of his right
form of donation

The parties must have

capacity
It must not be Both parties are
inofficious capable of managing
his/her own affairs, and
whether his bargains
inofficious- showing are wise or unwise is
neglect of moral duty not ordinarily a
legitimately subject of
inquiry
 KINDS OF REMISSION
AS TO ITS EXTENT
 Complete
When it covers the entire obligation
Ex. Person A waives person B’s obligation to pay loan of 50,000
 Partial
When it does not cover the entire obligation
Ex. G.R. No. 126890 [United Planters Sugar Milling Co., Inc.
[UPSUMCO] v The Hon. Court of Appeals, et al.)
UPSMCO has debts that Asset Privatization Trust (APT) had agreed to
condone upon transaction of the trade.

AS TO ITS FORM
 Express
When it is made verbally or in writing
Ex. A lending institution may expressly forgive a debt owed by a
debtor. To properly do so, the lending institution has to execute a document
evidencing the condonation as it was effectively a donation
 Implied
When it can only be inferred from conduct
Ex. A bank may impliedly forgive a debt if the loan document
evidencing the credit is delivered to the debtor.

AS TO ITS DATE OF EFFECTIVITY

 Inter vivos
When it will take effect during the lifetime of the donor
Ex. Pedro wants to give Nomar an autographed baseball for a
birthday present. Pedro says “Here Nomar, catch!” and throws the ball to
Nomar. While the ball is in midair, Nomar suffers a heart attack and dies.
The ball lands on Nomar’s chest. The gift is invalid because Nomar
accepted delivery of the ball when he was alive.
 Mortis causa
When it becomes effective upon the death of the donor. It must comply with
the formalities of a will
EFFECT OF INOFFICIOUS REMISSION
No one can give more than that which he can give by will; otherwise the excess
shall be inofficious and shall be reduced by the court accordingly.
Legitime – compulsory heirs.

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)

PRESUMPTION IN CASE OF VOLUNTARY DELIVERY OF DOCUMENT

INDEBTEDNESS BY THE CREDITOR
1. Presumption applicable only
Article 1271 speaks of a private document.
2. Extent of remission
If the obligation is joint, the presumption of remission pertains only to the share of
the debtor who is in possession of the obligation. If solidary, to the total obligation
3. Contrary Evidence
Evidence is admissible to show otherwise as when a receipt is signed by the
creditor was delivered only for examination by the debtor client of the amount
attorney’s fee to be paid by the latter.
4. Presumption of implied remission
If debt is not yet paid, the creditor would need the document to enforce payment.
In case he voluntarily delivers it to the debtor, the only logical inference is that he
is renouncing his right.
 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. (1191a)
Ex. A lending institution may expressly forgive a debt owed by a debtor. To
properly do so, the lending institution has to execute a document evidencing the
condonation as it was effectively a donation.

ARTICLE 1275
The obligation is extinguished from the time the characters of creditor and debtor
are merged in the same person.

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. The merger must be in the characters of a principal creditor and a
principal debtor.

2. 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.