Chapter 4, Sec.

3: Condonation or Remission of Debt

I. DEFINITIONS
Define or give the meaning of the ff:
1. Condonation or remission of debt – the gratuitous abandonment by the creditor
of his right against the debtor. It is thus a form of donation.
2. Inofficious remission – when the remission given is more than that which the
creditor can give by will.
II. DISCUSSIONS
1. Give the requisites in order that a condonation or remission of debt may be valid.
Answer: According to Art. 1270, for condonation or remission to be valid, the following
requisites must concur: the existence of a demandable debt, renunciation of the debt is
purely gratuitous, acceptance of the condonation or remission by the debtor, formalities
required by law on donation must be complied with, what has been condoned or remitted
must not be inofficious.
2. When is the condonation or remission of debt considered inofficious? What is the
remedy of the party adversely affected thereby?

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Answer: According to Art. 1270, if the condonation or remission made by the creditor is

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excessive or inofficious, it may be totally revoked or reduced depending on whether or

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not it is totally or only partially inofficious.

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III.PROBLEMS

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Explain or state briefly the rule or reason for your answer.
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1. D (debtor) borrowed money to C (creditor) evidenced by a promissory note signed by D.
(a) What presumption arises if:
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1. The promissory note voluntarily given by C to D?

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2. It is found in the possession of D?

(b) When will the presumption of remission arise?

2. Suppose in the same problem, the debt of D, aside from being guaranteed by G, is
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secured by a pledge of a certificate of shares of stock delivered by D to C. What presumption

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arises if:

(a) the debt of D condoned by C?

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(b) the certificate is later found in the possession of D?

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