SECTION 4

CONFUSION OR MERGER OF RIGHTS

ARTICLE 1275 –
CONCEPT – DEBTOR AND CREDITOR NASA IISANG TAO LANG
AND SO IT WILL BE IMPRACTICAL TO COLLECT YOUR
INDEBTEDNESS TO YOURSELF HENCE THE OBLIGATION IS
EXTINGUISHED.
SANCHEZ ROMAN (LIVED 300 YEARS AGO) – IT IS MEETING IN
ONE AND THE SAME PERSON OF THE QUALITIES OF CREDITOR
AND DEBTOR WITH RESPECT TO ONE AND THE SAME
OBLIGATION.
THE REASON WHY IT MUST BE EXTINGUISHED IS BECAUSE IT IS
IMPOSSIBLE AND ABSURD FOR A PERSON TO ENFORCE AN
OBLIGATION AGAINST HIMSELF.
EXAMPLE, A NANGUTANG KAY B WITH A PROMISSSORY NOTE
PROMISING A PAYMENT OF 10,000 TO B OR TO WHOEVER IS IN
POSSESION OF THE NOTE ON DECEMBER 31. BUT, SINCE B
ALREADY NEEDED THE 10,000 ON NOVEMBER 1, HE GAVE IT TO
C SO. C NOW GAVE 10,000 TO B AND HAS THE RIGHT TO
COLLECT FROM A ON DEC 31. HOWEVER, C SUDDENLY NEEDED
MONEY IN DECEMBER 15 SO HE GAVE THE NOTE TO D AND D
GAVE HIM 10,000. ON DECEMBER 30, D WANTS TO BUY RICE
AND HE REALIZED THAT A SELLS RICE PALA SO HE GAVE THE
PROMISSORY NOTE TO A. SO SINCE SI A ANG GUMAWA NUNG
PROMISSORY NOTE, THE OBLIGATION SHALL BE EXTINGUISHED.
BUT, WHAT IF YUNG HALAGA NG RICE IS 5,000 LANG EH 10K
NGA ANG OBLIGATION, WHAT WILL HAPPEN? A WILL STILL PAY
D THE REMAINING 5,000 AND THE PARTIAL OR ANOTHER 5,000
WILL ONLY BE EXTINGUISHED.
THAT IS THE DIFFERENCE BETWEEN PARTIAL CONFUSION AND
TOTAL CONFUSION.
REQUISITES:
A. THAT THE MERGER OF THE CHARACTERS OF CREDITOR AND
DEBTOR MUST BE IN THE SAME PERSON
B. THAT IT MUST TAKE PLACE IN THE PERSON OF EITHER THE
PRINCIPAL CREDITOR OR THE PRINCIPAL DEBTOR
C. THAT IT MUST BE COMPLETE AND DEFINITE – IT DOES NOT
MEAN THAT THE EXTINGUISHEMENT OF THE OBLIGATION
SHOULD BE COMPLETE OR TOTAL IN CHARACTER, IT MERELY
MEANS WHETHER THE MERGER REFERS TO THE ENTIRE
OBLIGATION OR ONLY A PART THEREOF
KINDS OF CONFUSION
AS TO CAUSE OR CONSIDERATION
INTER VIVOS – CONSTITUTED BY THE AGREEMENT OF THE
PARTIES
MORTIS CAUSE – WHEN IT IS CONSTITUTED BY SUCCESION
AS TO EXTENT OR EFFECT
TOTAL – ENTIRE OBLIGATION
PARTIAL – ONLY A PART OF THE OBLIGATION

ARTICLE 1276-
ARTICLE 1277
EFFECT UPON ACCESORY OBLIGATION –
IF THE CONFUSION WILL TAKE PLACE IN THE PERSON OF EITHER
THE PRINCIPAL CREDITOR OR THE PRINCIPAL DEBTOR, THE
EXTINGUISHMENT IS BOTH THE ACCESORY AND PRINCIPAL
OBLIGATION.
EXAMPLE, A CONTRACTED A DEBT TO BE 10,000. BE IS BEING
GUARANTED BY Z SAYING THAT IF A CANNOT PAY Z WILL DO.
HOWEVER, B DID WAIT FOR THE MATURITY OF THE DEBT, HE
TOLD Z TO GIVE HIM THE AMOUNT OF 10,000 AND HE WILL
TRANSFER THE RIGHT TO COLLECT TO Z. SO SI Z NA DATING
GUARANTOR LANG NI A MAGIGIND CREDITOR NA NIYA
BECAUSE OF THE TRANSFER OF RIGHT BY B TO Z. THERE IS A
SUBSTITUTION OF CREDITOR.