Title I Chapter 4

EXTINGUISHMENT OF
OBLIGATIONS
Section 4
Confusion or Merger
of Rights
ART. 1275

Meaning of Confusion or Merger.

• Confusion or merger is the meeting in one

person of the qualities of creditor and debtor
with respect to the same obligation. (4 Sanchez
Roman 421).
 Requisites of Confusion.

It must take place between the principal debt

and creditor.

It must be complete
EXAMPLES:

D owes C 10,000.00, for which D executed a

negotiable promissory note in favor of C. C
indorsed the note to E who, in turn, indorsed it
to F. Now F bought goods from the store of D.
Instead of paying cash, F indorsed the
promissory note to D.

Here, D owes himself. Consequently, his

obligation is extinguished by merger.
ART. 1276

Effect of Merger in the Person of

Principal Debtor or Creditor.
Merger in the person of the principal debtor or
creditor extinguishes the obligation and that of the
accessory obligation like guarantee or mortgage.
EXAMPLE:
D is indebted to C with G as guarantor. The
merger of the characters of debtor and creditor
in D shall free G from liability as guarantor.

Similarly, merger which takes place in the person

of C benefits G because the extinction of the
principal obligation carries with it that of the
accessory obligation of guaranty.
 Effect of Merger in the Person of
Guarantor.

The extinguishment of the accessory obligation

does not carry with it that of the principal
obligation. Merger, which takes place in the
person of the guarantor, while it extinguishes
the guaranty, leaves the principal obligation in
force.
EXAMPLE:
Suppose, in the example above, C assigns his
credit to E who, in turn, assigns the credit to
G, the guarantor.

In this case, the contract of guaranty is

extinguished. However, D’s obligation to pay
the principal obligation subsists. G now, as the
new creditor, can demand payment from D.
ART. 1277
Confusion in a Joint Obligation.

• In a joint obligation, there are as many debts as

there are debtors and as many credits as there
are creditors, the debts and/or credits being
considered distinct and separate from one
another. (Art. 1208).
EXAMPLE:

A, B and C are jointly liable to D in the amount of

9,000.00 evidenced by a negotiable promissory
note. D indorsed the note to E, who, in turn,
indorsed it to A.

In this case, A’s share in the obligation is

extinguished because of confusion in his person.
However, the indebtedness of B and C in the
amount of 3,000.00 each remains, because as to
them there is no confusion. Consequently, B and
C would be liable to A, the new creditor, 3,000.00.
 Confusion in a Solidary Obligation.
Merger in the person of one of the solidary debtors
shall extinguish the entire obligation because it is
also a merger in the other solidary debtors. (Art
1215).
EXAMPLE:
In the example given, if the obligation of A, B, and
C is solidary, the indorsement to A extinguishes the
entire obligation of 9,000.00. A can demand
reimbursement from B and C.

Here, the basis of the right of A is not the original

obligation which has been extinguished by the
confusion which takes place in his person but the
confusion itself.
It is as if A paid the entire debt. He can,
therefore, collect the proportionate shares
belonging to B and C on an implied contract of
reimbursement.