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Case Analysis On Chapter 4 Extinguishment of Obligations
Case Analysis On Chapter 4 Extinguishment of Obligations
Extinguishment of Obligations
Dela Rea, Kimmi F.
Mapua Institute of Technology
School of Electrical, Electronics and Computer Engineering
Muralla St. Intramuros, Manila
kdelarea32@yahoo.com
This paper is a Case Analysis on Chapter 4 – person, offered to pay the obligation of D. Can C legally
Extinguishment of Obligations. The problems assigned to refuse to accept the payment? How about an offer of
Group 8 are in the following: payment from G?
Problem 1 -Yes, C can refuse to accept the payment of T. The
D(debtor) owes C (creditor) P10,000 with G as third person may have the payment of P10,000 but the creditor
guarantor. On the due date of the obligation, T, a third may insist on his right on the liability of debtor. In Article
person, offered to pay the obligation of D. Can C legally 1236 par. 1 , “The creditor is not bound to accept payment or
refuse to accept the payment? How about an offer of performance by a third person who has no interest in the
payment from G? fulfillment of the obligation, unless there is a stipulation to the
contrary.” It was not stated in the problem any specified
Problem 2 requirement or stipulation for T, C can refuse to accept the
M (maker) issued a promissory note for P10,000 payment of T. Also, creditor should not be compelled to accept
in favor of P (payee) who lost the note which was found by payment from a third person due to personal reasons.
T who demands payment from M. M did not know that the -Yes, C can accept the payment from G. As G being
note was lost by P. Is M justified in paying T? the guarantor, which is a person who has an interest in the
obligation. Again stated in Article 1236 par. 1, the creditor
may refuse to accept payment third person who has no interest
in the fulfillment on the obligation. The guarantor has the
ARTICLES RELATED ON THE PROBLEMS interest in the obligation which may lead to creditor’s
acceptance of payment from G.
Article 1236
The creditor is not bound to accept payment or Problem 2
performance by a third person who has no interest in the M (maker) issued a promissory note for P10,000
fulfillment of the obligation, unless there is a stipulation to the in favor of P (payee) who lost the note which was found by
contrary. T who demands payment from M. M did not know that the
Whoever pays for another may demand from the note was lost by P. Is M justified in paying T?
debtor what he has paid, except that if he paid without the
knowledge or against the will of the debtor, he can recover -Yes. In Article 1242, “Payment in good faith to any
only insofar as the payment has been beneficial to the debtor. person in possession of the credit shall release the debtor. “
With the possession of the promissory note of T, M should pay
Article 1242 the amount of P10,000 stated in the promissory note. If M did
Payment made in good faith to any person in not know that P lost the note, so it will be under the payment
possession of the credit shall release the debtor. in good faith. After paying the amount of P10,000 to T, M is
not liable anymore to any payments to P.
Problem 1
D(debtor) owes C (creditor) P10,000 with G as
guarantor. On the due date of the obligation, T, a third
QUESTIONS TO THE PRESENTERS
Problem 1
If C accept the payment of T, is the obligation of D to
C can be replaced to T?
Problem 2
From the problem that P lost the promissory note,
then T who was not in legal age found the note and demands
payment from M.Is T has the authority to receive payment
from M?