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    HRM Module 1 Week 3 Page 4

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    oh may gad
    1. The document summarizes Section 3 of Chapter 4 which discusses the extinguishment of obligations through condonation or remission of debt. 2. Condonation or remission requires that the act be gratuitous and accepted by the debtor, that the parties have capacity, and it not be inofficious. Express condonation must also follow donation forms. 3. The voluntary delivery of a document evidencing debt from the creditor to debtor implies renunciation of the claim, presuming the debt was paid. Possession of such a document by the debtor also presumes it was voluntarily delivered.

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    HRM Module 1 Week 3 Page 4

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    oh may gad
    28 views3 pages
    1. The document summarizes Section 3 of Chapter 4 which discusses the extinguishment of obligations through condonation or remission of debt. 2. Condonation or remission requires that the act be gratuitous and accepted by the debtor, that the parties have capacity, and it not be inofficious. Express condonation must also follow donation forms. 3. The voluntary delivery of a document evidencing debt from the creditor to debtor implies renunciation of the claim, presuming the debt was paid. Possession of such a document by the debtor also presumes it was voluntarily delivered.

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    HRM MODULE 1 WEEK 3 PAGE 4

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    1. The document summarizes Section 3 of Chapter 4 which discusses the extinguishment of obligations through condonation or remission of debt. 2. Condonation or remission requires that the act be gratuitous and accepted by the debtor, that the parties have capacity, and it not be inofficious. Express condonation must also follow donation forms. 3. The voluntary delivery of a document evidencing debt from the creditor to debtor implies renunciation of the claim, presuming the debt was paid. Possession of such a document by the debtor also presumes it was voluntarily delivered.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    28 views3 pages

    HRM Module 1 Week 3 Page 4

    Uploaded by

    oh may gad
    1. The document summarizes Section 3 of Chapter 4 which discusses the extinguishment of obligations through condonation or remission of debt. 2. Condonation or remission requires that the act be gratuitous and accepted by the debtor, that the parties have capacity, and it not be inofficious. Express condonation must also follow donation forms. 3. The voluntary delivery of a document evidencing debt from the creditor to debtor implies renunciation of the claim, presuming the debt was paid. Possession of such a document by the debtor also presumes it was voluntarily delivered.

    Copyright:

    © All Rights Reserved
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    of 3

    MODULE I-WEEK 3

    CHAPTER 4-EXTINGUISHMENT OF OBLIGATIONS


    SECTION 3-Condonation or Remission of the Debt
    Article 1270-1274

    Mindanao State University-Iligan Institute


    of Technology
    Class: HTM108

    Topic: Law on Obligations and Contracts

    I.Coverage
    CHAPTER 4- EXTINGUISHMENT OF OBLIGATIONS
    General Provisions Article 1231
    SECTION 1 Payment or Performance Articles 1232-1251
    SUBSECTION 1. Application of Payments Article 1252-1254
    SUBSECTION 2. Payment by Cession Article 1255
    SUBSECTION 3. Tender of Payment and Consignation Article 1256-1261
    SECTION 2 Loss of the Thing Due Article 1262- 1269
    SECTION 3 Condonation or Remission of the Debt Article 1270-1274
    SECTION 4 Confusion or Merger of Rights Article 1275-1277
    SECTION 5 Compensation Article 1278-1290
    SECTION 6 Novation Article 1291-1304
    II.Learning Objectives
    At the end of the Chapter, the student should be able to:

    1. Master the different modes of extinguishing obligations, as well as the respective requisites;

    2. Understand their effects and consequences on the rights of the debtor.

    SECTION 3. - Condonation or Remission of the Debt

    Art. 1270. Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. It
    may be made expressly or impliedly.
    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)

    REMISSION- is an act of liberality by which the obligee, without receiving any price or equivalent, renounces the
    enforcement of the obligation, as a result his right against the debtor. (4 Sanchez Roman 422)

    Requisites of Condonations OR Remissions:


    1. it must be gratuitous;
    2. it must be accepted by the debtor;
    3. the parties must have capacity;
    4. must not be inofficious; and
    5. if made expressly, it must comply with the forms
    Effect of inofficious Remission

    While a person may make donations, no one can give more than that which he can give by a testamentary will,
    otherwise, the excess shall be inofficious and shall be reduced by the Court accordingly.

    Like for example, a part of the testator’s property called legitimate cannot be disposed of because the law has
    reserved it from certain heirs called the compulsory heirs.
    Ex. RIC owes LEN P1, 000.00. When the debt matured LEN told RIC that he not pay the debt since he was
    condoning it. RIC, in turn, expressed his gratitude. Here, the debt has been extinguished by remission.

    Art. 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)

    Art. 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)

    Presumption In Case Document Found In the Possession Of Debtor:


    If the document is found in the hands of the debtor and it is not known how he came into possession of the same,
    the presumption is that there was payment by virtue of the payment of the debt. Or it was voluntarily delivered to
    the debtor, which gives rise to the remission of the obligation.

    Ex. RIC owes LEN P10, 000 evidenced by a promissory note. The note as signed by RIC was given to LEN.
    If the promissory note is voluntarily delivered to RIC, the presumption is that the debt must have been paid
    by RIC.

    It is known that RIC has not yet paid LEN; it must be presumed that the obligation has been remitted.
    Suppose it is not known how RIC came into possession of the promissory note, the presumption is that it
    was voluntarily delivered by LEN unless LEN proves to the contrary.

    Art. 1273. The renunciation of the principal debt shall extinguish the accessory obligations; but the waiver
    of the latter shall leave the former in force. (1190)

    Effect Renunciation Of the Principal Debt:


    The above provision follows the rule that the accessory follows the principal. The accessory cannot exist without
    the principal obligation.

    Ex. JUNGKOK owes SKYE P10, 000 with TOMMY as guarantor. The principal debt here is the P10,
    000 while the accessory obligation is the guaranty of TOMMY. The remission of the debt of
    JUNGKOK by SKYE extinguishes the guaranty of TOMMY. But if only the guaranty of TOMMY is
    condoned, the obligation of JUNGKOK shall remain in force.

    Art. 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)

    PLEDGED- is a contract by virtue of which the debtor delivers to the creditor or to a third person a movable or
    instrument 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 thing pledged is found in the hands of debtor or the third person, only the accessory obligation of pledge is
    presumed remitted, not the obligation itself.
    Ex. SILVER delivers to IRISH his diamond ring in pledge to guarantee the payment of loan. If later on the
    ring is found in the possession of SILVER, the presumption is that IRISH has agreed to the loan without the
    pledge. IRISH may prove that she returned the ring to SILVER upon the latter’s request to be delivered back
    to him.

    1. Cabulay, D. and Carpio, C. (2014). Philippine Tourism Laws, (2nd ed.). Philippines. Rex Bookstore, Inc
    2. Javier, Nancy Joan M.,(2012).Tourism Laws, 3rd ed.Philippines. Central Bookstore
    3. Soriano, Fidelito R.(2011).Obligations and Contracts.GIC Enterprises
    4. www.lawphil.net
    5. www.supremecourt.gov.ph

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