Civrev2 Payment
Civrev2 Payment
Civrev2 Payment
of
PAYMENT OR PERFORMANCE
Payment is not only the delivery of money
but also performance of an obligation
Fulfillment of prestation due, a fulfillment that
extinguishes the obligation by the realization
of the purposes for which it was constituted
Juridical act which is voluntary, licit and made
with the intent to extinguish and obligation
Requisite of payment:
a. Person who pays
b. Person to whom payment is made
c. Thing to be paid
d. Manner, time and place of payment
Tolentino Requisite:
a. Identity of prestation the very thing or
service due must be delivered or released
b. Integrity the prestation must be fulfilled
completely
Kinds of payment:
a. Normal when debtor voluntarily performs
the prestation stipulated
b. Abnormal when he is forced by means of
judicial proceedings, either to comply with
the prestation or pay indemnity
How payment is made:
a. There must be delivery of the thing or
rendition
of
the
service
that
was
contemplated
b. Obligation to do or not to do, an act or
forbearance cannot be substituted by another
act or forbearance against the obligees will
c. In obligation to a generic thing whose quality
and circumstance have not been stated, the
creditor cannot demand a thing of superior
quality. Neither can the debtor deliver a thing
of inferior quality. The purpose of the
obligation and other circumstances shall be
taken in consideration
In obligations to do or not to do, an act or
forbearance cannot be substituted by
another act or forbearance against the
obligee's will. (1166a)
Substitution of prestation the debtor of a
thing cannot compel the creditor to receive a
different one although the latter may be of
the same value than that which is due.
Except when stipulated by the parties
Such case, there may be a dation in payment
or novation
Waiver of defects defects of the thing
delivered may be waived by the creditor, if
expressly declared or with knowledge thereof,
he accepts the thing without protest or
disposes of it or consumes it.
object
Dation
Pledge
Personal property
is delivered
Presumption is in
favor of pledge
Involves a lesser
transmission
of
rights
Dation in payment
Transfer
of
ownership over the
thing alienated to
the creditor
May
totally
extinguish
the
obligation
and
release the debtor
otherwise agreed
upon
Involves all the
property
Cession of only
some
specific
thing
There are various There is only in
creditor
favor
of
one
creditor
SUBSECTION 3. Tender of Payment and
Consignation
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 the obligation has
been lost. (1176a)
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
provisions which regulate payment. (1177)
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. (1178)
After this notice, the creditor may:
a. Accept the thing or amount deposited, in
which case the matter or payment is
terminated or