Extinguishment of Obligations (Art. 1231) Modes
Extinguishment of Obligations (Art. 1231) Modes
Extinguishment of Obligations (Art. 1231) Modes
1231) MODES:
1. By payment of performance;
2. By the loss of the thing due;
3. By condonation or remission of the debt;
4. By the confusion or merger of the rights of creditor and debtor;
5. By compensation;
6. By novation
(Annulment, rescission fulfilment of a resolutory condition, and prescription,
are governed elsewhere in this code.)
Requisites:
Recovery in such cases is allowed provided the ff. requisites are fulfilled:
Recovery in such cases is allowed provided the ff. requisites are fulfilled:
1. The debtor;
2. Any person who has interest on the obligation; or
3. A third person who has no interest in the obligation when there is
stipulation that he can make payment.
i. Creditor may refuse payment by a third person
B. If made WITH the knowledge of the debtor, shall have the rights
of reimbursement and subrogation, to recover what he has paid
and to acquire all the rights of the creditor.
1237, RIGHT OF A THIRD PERSON TO SUBROGATION
Burden of proof of benefit upon the debtor who paid, failure to prove
makes the obligation demandable.
Payment made to the creditor by the debtor after the latter has been
judicially ordered to retain the debt shall not be valid.
But shall be valid if payment was made after the order, but before it was
known to creditor.
(1) Creditor cannot DEMAND a thing of SUPERIOR quality (2) Debtor cannot
DELIVER a thing of INFERIOR quality
Benefit may be waived by (1) the creditor, (2) accepting inferior quality or by
(3) delivering superior quality.
If the parties have made a stipulation re the same, then their stipulation
shall be followed.
Except when (1) expressly stipulated; (2) when the debt is in part liquidated
and in part unliquidated; or (3) when different prestations in which the
obligation consists are subject to different terms or conditions which affect
some of them
All coins and notes issued by the Bangko Sentral ng Pilipinas constitute legal
tender for all debts.
(1) they have been cashed; or (b) unless they have been impaired
through the fault of the
creditor
1250, INFLATION AND DEFLATION
REQUISITES:
1. The debtor has the first choice; he must indicate at the time of
making payment, and not afterwards, which particular debt is being
paid.
a. If, in making use of his right, the debtor applied the payment
to a debt, he cannot later claim that it should be applied to
another debt.
b. The right to make the application once exercised is
irrevocable unless the creditor consents to the change.
2. If the debtor does not apply payment, the creditor may make the
designation by specifying in the receipt which debt is being paid.
3. The creditor has not also made the application, or if the application
is not valid, the debt, which is most onerous to the debtor among
those due, shall be deemed to have been satisfied.
4. If the debts due are the of the same nature and burden, the payment
shall be applied to all of them proportionately.
The debtor cannot choose to credit his payment to the principal before the
interest is paid. The payment must be applied first to the interest, whatever
balance is left can be credited to the principal.
In case no application of payment has been made by the debtor, then the
payment shall be applied:
Requisite: (1) there must be two or more creditors (2) the debtor must be
(partially) insolvent (3) the cession must be accepted by the
creditors.
Unless there is a stipulation to the contrary, the assignment does NOT make
the creditors the owners of the property of the debtor; and
The debtor is released from his obligation ONLY up to the net proceeds of the
sale of the property assigned. The debtor is still liable if there is a balance.
DATION CESSION
One creditor Several creditors
Does not presuppose insolvency Debtor is insolvent at time of
assignment
Does not involve all the property of Extends to all property of debtor
debtor subject to execution
Creditor becomes the owner Only acquires the right to sell the
thing and apply the proceeds to
their credit
An act of novation Not an act of novation
1256 TENDER OF PAYMENT AND CONSIGNATION
Tender of payment is the act, on the part of the debtor of offering the creditor the
thing or amount due, in his possession to be delivered at the time of the offer
Consignation is the act of depositing the thing or amount due with the proper
court when the creditor does not desire or cannot receive it, after complying with
the formalities required by law. It is always judicial and required a prior tender of
payment.
After the consignation is made, the interested party must also be notified
thereof. In a case this is fulfilled by service of summons with a copy of
complaint.
The purpose of second notice is to enable the creditor to withdraw the thing
or sum deposited in case he accepts the consignation.
May be withdrawn by the debtor: (1) Before the creditor has accepted the
consignation; or (2) Before a judicial declaration that the consignation has
been properly made, as he is still the owner of the same.
All expenses are paid by the debtor. If withdrawal with consent of creditor,
article 1261 applies.
1261 EFFECT OF WITHDRAWAL WITH CONSENT OF CREDITOR
a. the creditor shall lose every preference which he may have over the
thing; and
b. the co-debtors (referring to solidary debtors), guarantors, and
sureties shall be released.
The solidary debtors are released only from their solidary liability, but not
from their shares of the obligation, since unlike guarantors and sureties, they
are also principal debtors.
LOSS OF THE THING DUE
Loss of the thing due extends to both obligations to give and to do.
Debtor is still liable even for loss due to fortuitous event, based on the
principle genus nunquam perit, a generic thing never perishes.
Fortuitous event does not exempt debtor from liability, the obligation
subsists except:
Creditor is given the right to go against the third person responsible for the
loss. There is no need for an assignment from the debtor.
The RIGHTS of action of debtor are transferred to creditor from the moment
the obligation is extinguished, by operation of law to protect the interest of
creditor by reason of the loss.
CONDONATION OR REMISSION OF DEBT
1270
1271
1272
1273
1274
1275
1276
1277
COMPENSATION
1278
1279
1280
1281
1282
1283
1284
1285
1286
1287
1288
1289
1290
NOVATION
1291
1292
1293
1294
1295
1296
1297
1298
1299
1300
1301
1302
1303
1304