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OBLICON-Chapter 4: Fundamentals of Accountancy, Business, and Management (National College of Business and Arts)
OBLICON-Chapter 4: Fundamentals of Accountancy, Business, and Management (National College of Business and Arts)
OBLICON- Chapter
4
CH A P TE R 4 – EXTINGUISHMENT OF OBLIGATIONS
· B y p a y m e n t or performance
· B y compensation
· B y novation
· Mutual de s is t a nc e or withdrawal
· Compromise
· Impossibility of performance
· H a p p e n i n g of a fortuitous eve nt
· T h e debtor
· A third person who h a s no interest in the obligation when there is stipulation that
he can ma ke payment
Excep tions to the gene ral rule: Article 1 3 0 2 . L e g a l subrogation b y operation of law is
p r e s u m e d in certain c a s e s .
· H is success or in interest
· G ua rdi a n of a ward
· Liquidator of a partnership/corporation
29) S pe c i a l forms of pa y m e n t
· Dation in p a y m e n t
· P ayme n t b y cession
· Tende r of p a y m e n t a n d consignation
3 3 ) Judicial costs – are the statutory amounts allowed to a party to a n action for his
e x p e n s e s incurred in the action. T h e costs of a n action shall, a s a rule b e pa id b y the
losing party. T h e court m a y , however, for s pe c ia l reasons, a dj u dg e that either party shall
p a y the costs or that the s a m e b e divide d a s m a y b e equitable.
4 4 ) Ge neral Rule : Article 1 2 5 2 . If the debtor a c c e p t s from the creditor a receipt in which
a n application of the p a y m e n t is m a d e , the former cannot com plain of the s a m e .
E xc e p t : There is a c a u s e for invalidating the contract.
47) R u l e s on application of p a y m e n t s
· If the creditor h a s not also m a d e the application, or if the application is not valid,
the debt, which is most onerous to the debtor a m o n g those du e , shall b e d e e m e d to
h a v e b e e n satisfied.
49) R u l e s to onerosity
· Of two interest be aring debts, the one with a higher rate is more onerous.
· An obligation with a penalt y c l a u s e is more bu rden s ome than one without pena lty
clause.
5 0 ) Ge neral Rule : Article 1 2 5 5 . P aym ent b y cession shall only rele ase the debtor from
responsibility for the net proceeds of the thing a s s i g n e d .
Exception: Unless there is a stipulation to the contrary.
· T h e debtor m u s t b e insolvent
· In dation, there is us ual l y only one creditor, while in cession, there are se ve ral
creditors.
· Dation does not presuppose the ins olvenc y of the debtor, while in cession, the
debtor is insolvent at the time of a s s i g n m e n t .
· Dation does not involve all the property of the debtor, while cession e x t e n d s to all
the property of the debtor subject to execution.
· In dation, the creditor b e c o m e s the owner of the thing g i v e n b y the debtor, while
in cession, the creditors only acquire the right to sell the thing a n d a pp l y the proceeds to
their credits proportionately.
5 5 ) Tende r of p a y m e n t – is the act, on the part of the debtor, of off ering to the creditor
the thing or amount du e . T h e debtor m us t show that h e h a s in his possession the thing
or m o n e y to b e delivered at the time of the offer.
5 6 ) Consignation – is the act of depositing the thing or amount d u e with the proper
court when the creditor does not desire or cannot receive it, after c om pl yi ng with the
formalities required b y law. It is a lways judicial a n d it general l y requires a prior tender of
p a y m e n t which is b y its ve ry nature extrajudicial.
· It m u s t b e actually m a d e .
· When the creditor questions the validity of the consignation, a n d the court, after
he aring, decla res that it h a s b e e n properly m a d e
· When the creditor neither a c c e p t s nor questions the validity of the consignation,
a n d the court after hearing, orders the cancellation of the obligation
66)(Excep tion to the Gene ral R ul e that impossibility of performance or loss of the thing
d u e rel e as es the obligor) When loss of the thing will not ex t ingui sh liability
7 0 ) Ge neral Rule : Article 1 2 6 5 . Whenever the thing is lost in the possession of the
debtor, it s hall b e p r e s u m e d that the loss was d u e to his fault.
Exception: Unless there is proof to the contrary, a n d without prejudice to the provisions
of article 1 1 6 5 . Thi s presumption does not a p pl y in c a s e of earthquake, flood, storm or
other natural ca lami ty.
· Physical Impossibility
· L e g a l Impossibility
7 5 ) Rel ative Impossibility – article 1 2 6 7 talks about this. When the s ervi ce h a s be c o m e
so di fi c ul t a s to b e manifestly bey ond the contemplation of the parties, the obligor m a y
also b e rele as e d therefrom, in whole or in part.
· It m u s t b e gratuitous
· It m u s t b e a c c e p t e d b y the obligor
· T h e parties m us t h a v e c a pac i t y
80) K i n ds of Re mis s i on
As to its extent
As to its form
· Inter vivos – when it will take effect during the lifetime of the donor
8 3 ) Ge neral Rule : Article 1 2 7 2 . Whenever the private d oc ume nt in which the debt
appe a r s is found in the possession of the debtor, it shall b e p r e s u m e d that the creditor
delivered it voluntarily.
Exception: Unless the contrary is proved.
8 4 ) Article 1 2 7 3 . T h e renunciation of the principal debt shall e xt i ngui sh the acce ss ory
obligations; but the waiver of the latt er shall l e a v e the former in force.
8 5 ) Pledge – is a contract b y virtue which the debtor delivers to the creditor or to a third
person a m o va bl e or instrument e vi d e n c i n g incorporeal rights for the purpose of se c u r ing
the fulfillment of a principal obligation with the unders ta ndi ng that when the obligation is
fulfilled the thing delivered shall b e returned with all its fruits a n d a c ce s s i ons .
the poss ession of the debtor, or of a third person who owns the thing.
Exception: Thi s presumption is subject to contrary e vi de nc e . It does not arise if the third
person in poss ession of the thing p l e d g e d does not own the s a m e .
· It m u s t b e complete
9 2 ) Compensation – is the ex t ingui s hme n t to the concurrent amount of the debts of two
persons who, in their own right, are debtors a n d creditors of e a c h other.
93) K i n ds of Compensation:
· B y its c a u s e or origin
* L e g a l – when it t a ke s pl a c e b y operation of law e v e n without the knowledge of the
parties
* Voluntary – when it tak es pl a c e b y ag r e e m e n t of the parties
* Judicial – when it tak e s pl ac e b y order from a court in a litigation.
* Facul tative – when it c a n b e set u p only b y one of the parties
9 5 ) Ge neral Rule : Only the principal debtor c a n set u p ag ai ns t his creditor what the
latt er owes hi m
Exception: Article 1 2 8 0 . Notwithstanding the provisions of the p re ce di ng article, the
guarantor m a y set u p compensation a s regards what the creditor m a y owe the principal
debtor.
96) Total compensation – results when the two debts are of the s a m e amount.
100) Article 1 2 8 4 . When one or both debts are rescissible or voidable, they m a y b e
c o m p e n s at e d a ga i n s t e a c h other before they are judicially resci nde d or avoided. After
annul me n t , c o m pe nsa t e d is d e e m e d not t ak en pla c e .
102) T h e right to the compensation m a y b e waived b y the debtor before or after the
a s s i g nm e n t .
· A ss ignme nt with the knowledge but without the consent of debtor – debtor c a n set
u p compensation
· Where one of the d ebts arises from a c l a i m for support d u e b y gratuitous title
· Where one of the d ebts consists in civil liability aris ing from a pe n al off ense
107) Deposit – is constituted from the mome nt a person re ce i ve s a thing bel ongin g to
another with the obligation of safel y k e e p i n g it a n d of returning the s a m e .
111) Article 1 2 9 0 . When all the requisites mentioned in article 1 2 7 9 are present,
compensatiion t a k es effect b y operation of law, a n d e x t i n gu i s he s both debts to the
concurrent amount, e v e n though the creditors a n d debtors are not aware of it.
113) Novation – is the extinction of a n obligation through the creation of a new one
which substitutes it.
115) K i n ds of Novation
· According to origin:
o Implied – when the old a n d new obligations are essentially incompatible with e a c h
other
· According to extent:
· According to subject:
o Personal or subjective – when the person of the debtor is substituted and/or when a
third person is subrogated in the rights of the creditor
o Mixed – when the object a n d the debtor or the creditor, or both the parties, are
c h a n g e d . It is a combination of real a n d personal novations.
121) K i n ds of Substitution
122) Article 1 2 9 4 . If the substitution is without the knowledge or a ga i n s t the will of the
debtor, the new debtor’s ins olvenc y or non-fulfillment of the obligation s hall not g i v e rise
to a n y liability on the part of the original debtor. (Expromission)
123) Ge neral Rule: T h e old debtor is not liable to the creditor in c a s e of the ins olve ncy
of the new debtor.
Exceptions: (In c a s e of De l e ga c i on)
a ) T h e s a i d in s olve ncy was a lrea dy ex is ti ng AND of public knowledge (although it was not
known to the old debtor) at the time of the dele g aci on
b) T h e insolve nc y was already ex is ting AND known to the debtor (although it was not of
public knowledge) at the time of the dele g aci on
124) Ge neral Rule: Ex t ingui s hm e n t of the principal obligation carries with it that of the
acce s s ory obligations.
Exception: In the c a s e of a n ac c es s ory obligation created in favor of a third person which
r em ai ns in force unl es s sa i d third person g i v e s his consent to the novation.
125) Ge neral Rule: There is no novation if the new obligation is void a n d, therefore,
the original one shall subsist for the reason that the s eco nd obligation b e i n g inexistent, it
cannot ex t ingui sh or modify the first.
Exception: In c a s e where the parties intended that the old obligation should b e
e x t ingui s he d in a n y even t.
126) If the new obligation is only voidable, novation c a n take plac e . But the m omen t it
is annulle d, the novation m u s t b e considered a s not h a v i n g ta ken pl ac e , a n d the original
one c a n b e enforced, u nl e ss the intention of the parties is otherwise.
129) K i n ds of Subrogation
130) C a s e s of L e g a l Subrogation
· When a third person without interest in the obligation p a y s with the approval of
the debtor
131) Article 1 3 0 3 . Subrogation transfers to the person subrogated the credit with all
the rights thereto appertaining, either agai n s t the debtor or a gai n s t third persons, b e
they guarantors or possessors of mortgage s , subject to stipulation in a conventional
subrogation.