SECTION 3

CONDONATION OR REMISSION OF THE DEBT

ARTICLE 1270 –
CONCEPT – REMISSION MEANS THE CREDITOR CHOSE NOT TO
DEMAND OR NOT TO COLLECT THE OBLIGATION OF THE
DEBTOR WITHOUT RECEIVING ANY PRICE OR EQUIVALENT IN
RETURN. AS A RESULT, THE OBLIGATION IS EXTINGUISHED IN
ITS ENTIRETY OR IN THAT PART OR ASPECT OF THE SAME TO
WHICH THE REMISSION REFERS. AN ACT OF LIBERALITY,
RENOUNCING THE OBLIGATION OF DEBTOR TO CREDITOR.
THERE MUST BE AN ACCEPTANCE BY THE DEBTOR WETHER IT IS
IMPLIED OR EXPRESSED.
ANOTHER, DUE AND DEMANDABLE NA PERO AYAW TALAGA AT
HINDI INEENFORCE NI CREDITOR YUNG OBLIGATION NI
DEBTOR.
REQUISITES
1. IT MUST BE GRATUITOUS
2. IT MUST BE ACCEPTED BY DEBTOR
3. THE OBLIGATION MUST BE DEMANDABLE
EXAMPLE , A HAS AN INDEBTEDNESS TO B BUT B DECIDED TO
RENOUNCE A’S DEBT OF 20,000 BECAUSE OF THE PANDEMIC
KINDS OF REMISSION
FORM –
EXPRESS - WHEN IT IS MADE IN ACCORDANCE WITH THE
FORMALITIES PRESCRIBED BY LAW FOR DONATIONS
IMPLIED – WHEN IT IS NOT MADE IN ACCORDANCE WITH THE
FORMALITIES PRESCRIBED BY LAW FOR DONATIONS, IT IS
DEDUCED FROM THE ACTS OF CREDITOR

EXTENT –
TOTAL – ENTIRE OBLIGATION EXTINGUISHED
PARTIAL – WHEN IT REFERS ONLY TO THE PRINCIPAL OR THE
ACCESORY OBLIGATION OR TO AN ASPECT THEREOF WHICH
AFFECTS THE DEBTOR AS FOR INSTANCE SOLIDARITY.
EXAMPE, IF 100,000, PWEDEMG 10,000 LANG ANG
IRENOUNCED.

CONSTITUTION
INTER VIVOS – CONSTITUTED BY AGREEMENT OF DEBTOR AND
CREDITOR
MORTIS CAUA - CONSTITUTED BY LAST WILL AND TESTAMENT
ARTICLE 1270 (WHAT ARE THE REQUIREMENTS IF THE
CREDITOR INTENDS TOCONDONE THE INDEBTEDNESS OF THE
DEBTOR?)
IF THE PROPERTY IS MOVABLE (LAHAT MAGAGALAW MO AND
AND IT WILL NOT AFFECT THE VALUE OF THE THING AS YOU
TRY TO MOVE THE PROPERTY). EXAMPLE, A CAR, BOOK,
JEWELRY. IF THE MOVABLE PROPERTY AND THE
CONDONATION AND REMISSION OF CREDITOR IS LESS THAN
5,000 PESOS, THE ACCEPTANCE OF DEBTOR IS IMPLIED, IT NO
LONGER REQUIRES TO BE IN A WRITTEN CONDONATION.
HOWEVER, IF IT EXCEEDS 5,000 PESOS, THE CONDONATION
MUST BE THROUGH A PUBLIC DOCUMENT (MUST BE
NOTARIZED)
IF THE PROPERTY IS IMMOVABLE (CAN’T BE MOVED FROM ONE
PLACE TO ANOTHER WITHOUT DECREASING ITS VALUE)THE
REMISSION MUST BE IN A PUBLIC INSTRUMENT (NOTARIZED –
A PROOF) AND ACCEPTED BY THE DEBTOR

ARTICLE 1271
ARTICLE 1272
EFFECT OF DELIVERY OF EVIDENCE OF CREDITOR TO DEBTOR –
IF THE CREDITOR VOLUNTARILY DELIVERS THE DOCUMENT
WHICH EVIDENCES THE INDEBTEDNESS OF DEBTOR
EXAMPLE, A MADE A PROMISSORY NOTE SAYING THAT THE
AUTHOR IS HAS ADEBT TO A PERSON AND THAT HE WILL PAY IT
IN THE AGREED DATE OR WHOEVER HOLDS THE DOCUMENT IS
INDEBTED.
DEBTOR WRITES TO THE CREDITOR OR WHOEVER HAS TO
POSSESION OF PROMISSORY NOTE
IN THE PROMISSORY NOTE, THE AMOUNT IS WRITTEN AND
THE DATE WHICH IT MUST BE COLLECTED.
EXAMPLE, A MADE A PROMISSORY NOTE TO B PROMISING TO
PAY AN AMOUT OF 5,000 ON DECEMBER 30. NOW, ON
DECEMBER 15, B HAS THE POSSESION OF THE PROMISSORY
NOTE AND HE SURRENDERS IT TO A.
HAVING SAID THAT, THERE IS A PRESUMPTION THAT B
RENOUNCES HIS WRITE TO COLLECT THE 5,000 PESOS TO A. HE
NO LONGER INTENDS TO ENFORCE THE OBLIGATION. THERE IS
A CONDONATION.
REQUISITES
A. THAT THE DOCUMENT EVIDENCING THE CREDIT MUST HAVE
BEEN DELIVERED BY THE CREDITOR TO DEBTOR
B. THAT THE DOCUMENT MUST BE A PRIVATE DOCUMENT –
NOT NOTARIZED
C. THAT THE DELIVERY MUST BE VOLUNTARY. – FREEWILL
ARTICLE 1273 –
ARTICLE 1274 –
EFFECT OF REMISSION IN GENERAL – THE EFFECT OF
REMISSION IS TO EXTINGUIH THE OBLIGATION IN ITS ENTIRETY
OR INTHE PART OR ASPECT THEREOF.
EFFECT UPON ACCESORY OBLIGATION –
IF THE PRINCIPAL OBLIGATION IS EXTINGUISHED, ALL THE
ACCESORY OBLIGATIONS IS ALSO EXTINGUISHED BECAUSE
ACCESORY OBLIGATION EXISTS ONLY BECAUSE OF THE
PRINCIPAL OBLI.
IF THE ACCESORY OBLIGATION IS EXTINGUISHED, THE
PRINCIPAL OBLIGATIONS CONTINUE TO SUBSIST.
EXAMPLE, A NANGUNTANG KAY B NG 10,000. SABI NI B HINDI
NIYA PAPAHIRAMIN SI A NG 1OK KUNG WALANG COLLATERAL
SO YOU MUST GIVE YOUR CELLPHONE AS WELL. PRINCIPAL
OBLI – 10,000 / ACCESORY OBLIGATION – CELLPHONE.
NOW, IF B CONDONES THE 10,000, THE ACCESORY OBLIGATION
WHICH IS THE CELLPHONR, THE GUARANTEE OR PLEDGE SHALL
ALSO BE EXTINGUISHED
BUT, IF B CONDONES ONLY THE CELLPHONE WITHOUT SAYING
THAT THE 10,000 SHALL ALSO BE EXTINGUISHED. THEN THE
PRINCIPAL OBLIGATION WILL STILL REMAIN.
RULE IN PLEDGE – IT IS PRESUMED THAT THE ACCESORY
OBLIGATION OF PLEDGE HAS BEEN REMITTTED WHEN THE
THING PLEDGED, AFTER ITS DELIVERY TO THE CREDITOR, IS
FOUND IN THE POSSESION OF THE DEBTOR OR THIRD PERSON
WHO OWNS THE THING. THE PRINCIPAL OBLIGATION FOR
WHICH THE PLEDGE IS A SECURITY IS , OF COURSE, NOT
AFFECTED.