Edon Castro April 24, 2023

Extinguishment
of Obligation
Sounds
like a
plan

Condonation Or
Great
idea!

Remisson

On it!

Let's get
started

Art. 1270-1274
 covered
What is Art. 1270?
artiles What is Art. 1274?

What is art. 1271? What is Art. 1272? What is Art. 1273?

 Article 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 subject to the rules which govern
inofficious donations. Express condonation shall, furthermore, comply
with the forms of donation
 Terminologies

Inofficious
CONDONATION REMISSION GRATUITOUS
contrary to moral
Implied A release from Given without
obligation, as the
forgiveness debt or claim consideration
disinheritance of a
child by his parents:
an inofficious will.

 What is condonation?

Condonation or
remission is the A owes B 100,000 payable on May 1,
gratuitous abandonment 2023. Now here comes May 1, 2023 B
said to A that he do not need to pay
by the creditor of his
the 100,000 pesos.
right in favor of the
debtor.
 It must be Gratuitous

It must be accepted by the obligor

Requisites of The Parties must have the

capacity
Condonation
It must not be inofficious

If made expressly, it must comply

with the forms of donation
 Kinds of
remission

As to its Date of
As to Extent As to its Form Effectivity
 As to extent

Complete Partial
When it covers the entire
obligation When it does not cover the entire

obligation

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 As to its form

Express Impliedly
When it is made either When it can only inferred in
verbally or in written form conduct

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 As to its effectivity
Mortis causa
Inter vivos
When it will become effective
When it will take effect
upon the death of the donor. It
during the lifetime of the
must comply with the
donor
formalities of a will
 What is the effect
of inofficious
remission?

Answer;
One of the requisite of condonation or
remission in order to be valid as donation is, it
must not be inofficious because it is a contrary
against moral obligation. Therefore, the
donation is invalid because it will prejudice a
third person or the donation will be reduced by
the court as stated in article 1270.

 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)
Presumptions

When the creditor voluntary

delivers the private document
evidencing credit shall give rise
to the presumption that the
obligation has been remitted
 1)Pressumption of implied remission – the article gives an example of
implied or tacit remission. If the debt is not yet paid, the creditor would
need the document to enforce payment. In case he voluntarily delivers it
to he debtor, the only logical interference is that he is renouncing his right.

2)Contrary Evidence – The pressumption is prima facieor rebuttable by

contrary evidence. Evidence is admissible to show otherwise, as when a
Presumption in case of receipt signed by the creditor was delivered only for examination by the
voluntary delivery of debtor client (lawyer) of the amount of attorney’s fee to be paid by the
document of indedtness by latter.
creditor
3)Extent of remission – If the obligation is joint, the pressumption of
remission pertains only to the share of the debtor who is in possession of
the document; if solidary, to the total obligation.

4) Presumption applicable only to private document – Article 1271 speaks

of a private document. The legal presumption of remission does not apply
in the case of a public document because it is easy to obtain a copy of the
same, being a public record.
 A owes B 100,000 evidence of promissory note. The note
was signed by A, is given to B

Example
If the note was voluntarily delivered to A, The presumption
is that the debt has been paid.

If it is known that the debt is not yet paid and the note is
voluntary delivered by B, then the presumption is that the
obligation has been remitted by B, Unless B proves the
Contrary. (Art. 1271)
 Article 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)
Presumptions

voluntary delivery of the

creditor
 A owes B 100,000 evidence of promissory note. The note
was signed by A, is given to B

If the note was voluntarily delivered to A, The presumption

is that the debt has been paid.
Example
If it is known that the debt is not yet paid and the note is
voluntary delivered by B, then the presumption is that the
obligation has been remitted by B. (Art. 1271)

Suppose that it is unknown how A came ino possession of

the promissory note. The presumption is that it was
voluntarily delivered by B. Unless B proves in contrary
 Article 1273

The renunciation of the principal debt shall extinguish

the accessory obligations; but the waiver of the latter
shall leave the former in force.
 Rule
The accessory obligation is
extinguished once the
principal debt is remitted,
because the existence of the
accessory obligation is
dependent upon the
existence of the principal
obligation.
On the other hand, if the
accessory obligation alone is
extinguished, the principal
obligation remains, because
the existence of the principal
obligation is not dependent
upon the accessory obligation.
 A owes B 100,000 with C as a guarantor.

Example If B renounce the the principal Obligation then the

accessory obligation will also be extinguish.

However, If B only condoned the accessory obligation,

then the obligation of A will still remain
 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.
 Presumption

However, this presumption

If the pledge was found in
can be rebutted by the
the possession of the debtor,
creditor if he proves that the
or of the third person who
thing is returned for repairs,
owns the thing, the
request of the debtor or
presumption is that the
other reason. Then there is
pledge, as an accessory
no such remission
obligation, has been
happened.
remitted.
 Example

A borrows 1,000,000 from B and

to secure the loan he pledge his
brand new Car as a collateral.
 Note

Under article 1274, only the

accessory obligation of the
pledge is remitted.