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    Obli Con MTG 12

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    Dianne Rosales
    The document discusses the extinguishment of obligations through payment or performance under Philippine law. It outlines the requisites for valid payment, including who can pay, to whom payment can be made, what must be paid, how payment is to be made, and when payment is due. Key points include that generally payment must be made in full to the creditor, in the form of the specific goods or amount owed, unless otherwise indicated in exceptions for partial payment or substantial performance in good faith.

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    Obli Con MTG 12

    Uploaded by

    Dianne Rosales
    15 views14 pages
    The document discusses the extinguishment of obligations through payment or performance under Philippine law. It outlines the requisites for valid payment, including who can pay, to whom payment can be made, what must be paid, how payment is to be made, and when payment is due. Key points include that generally payment must be made in full to the creditor, in the form of the specific goods or amount owed, unless otherwise indicated in exceptions for partial payment or substantial performance in good faith.

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    OBLI-CON-MTG-12

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    The document discusses the extinguishment of obligations through payment or performance under Philippine law. It outlines the requisites for valid payment, including who can pay, to whom payment can be made, what must be paid, how payment is to be made, and when payment is due. Key points include that generally payment must be made in full to the creditor, in the form of the specific goods or amount owed, unless otherwise indicated in exceptions for partial payment or substantial performance in good faith.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    15 views14 pages

    Obli Con MTG 12

    Uploaded by

    Dianne Rosales
    The document discusses the extinguishment of obligations through payment or performance under Philippine law. It outlines the requisites for valid payment, including who can pay, to whom payment can be made, what must be paid, how payment is to be made, and when payment is due. Key points include that generally payment must be made in full to the creditor, in the form of the specific goods or amount owed, unless otherwise indicated in exceptions for partial payment or substantial performance in good faith.

    Copyright:

    © All Rights Reserved
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    of 14

    EXTINGUISHMENT OF

    OBLIGATIONS (Art. 1231)


    Meeting 12

    APRIL 7, 2020 TUESDAY


    1. Payment/ performance (Art 1232)
    a. Requisites
    i. Who can pay

    •  General Rule
    • Exceptions:
    o   Third person who is an interested party; effects
    (Art 1302[3])
    o   Third person who is not an interested party and without
    the consent of the debtor, without the knowledge/ against
    the will of the debtor (Art 1236[2], Art 1237, 1236 [1])
    • In an obligation to give (Art 1239, 1427)

    ii. To whom payment can be made


    • General Rule (Art 1240)
    • In case of active solidarity (Art 1214)
    • Exceptions:
    o   Incapacitated person (Art 1241, par 1)
    o   Third person (Art 1241, par 2)
    Sps. Dela Cruz v. Concepcion
    GR 172825, Oct 11 2012
    o   When proof of benefit not required
    (Art 1241, par 3; Art 1242)
    iii. What is to be paid (Identity)

    • General Rule
    • Specific cases:
    o   To give a specific thing (Art 1244)
    o   To give a generic thing (Art 1246)
    o   To pay money (Art 1249, 1250; RA 529, RA 4100,
    RA 8183)
    St. Paul Fire and Marine Insurance v.
    Macondray
    GR L-27796, 70 SCRA 122 (1976)
    Papa v. A.V. Valencia
    GR 105188, 284 SCRA 643 (1998)
    Philippine Airlines v. CA
    GR 49188, 181 SCRA 557 (1990)
    •   Payment of Interest (Art. 1956)
    Lim, et al. v. Development Bank of
    the Philippines
    GR 177050, July 1 2013
    Sps. Andal v. PNB
    GR 194201, Nov 23 2013
    iv. How payment is to be made

    • General Rule – Integrity (Art 1233)


    o   Partial payment is not allowed; exceptions (Art 1248)
    • Substantial performance in good faith (Art 1234)
    • Estoppel (Art 1235)
    • Presumptions in payment of interests and
    installments (Art 1176)
    v. When is payment to be made

    • General Rule (1169)


    • No demand, no delay; Exceptions

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