SECTION 3.

Condonation or
Remission
ART. 1270

Condonation or remission is essentially gratuitous, and requires the acceptance by

the obligor. It may be made expressly or impliedly

One of the other kind subjected to the rules which govern inofficious donations.
Express condonation shall, furthermore, comply with the forms of donation.
.
 CONDONATION
It is a gratuitous
abandonment by the creditor of his
right
 No need
to pay

1,000,000.00

OBLIGATION WAS
EXTINGUISH THROUGH
CONDITION
 THE REQUISITES OF REMISSION
. It must be gratuitious
. It must be accepted by the obligor;
. The parties must have capacitiy,
.It must not be inofficious; and
.If made expressly, It must comply with the forms of
donations.
 KINDS OF REMISSION
As to its extent: As to its forms:
1.Complete 1.Express
2.Partial 2.Implied

As to its date of effectivity:

1. Inter vivos
2.Mortis causa
ART. 1271. The delivery of a private document evidencing a credit,
made voluntarily by the creditor to the debtor, implies the
renunciation of the action which the former had against the latter

If in order to nullify this waiver it should be claimed to be inofficious,

the debtor and his hairs may uphold it by proving that the delivery of
the document was made in virtue of payment of the debt.
Presumption in case of voluntary
delivery of document of indebtedness
by creditor.
What is the effect of the private document evidencing the
credit?

- Creates presumption of implied remission

Example:
. Pogi issues a promissory note in favor of ganda in an
amount of 1,000,000.00

. Later on, ganda deliver the promissory note back to pogi

without collecting the 1,000,000.00
. SoPogi is a position of promissory note because voluntarily
delivered from Ganda the promissory then she did not collect the
money.
.In
this case there is a presumption that ganda has
condoned or permit the debt

. Presumption of implied remission/ condonation

ART. 1272. Whenever the private document In which the
debt appears is found in the possession of the debtor, it
shall be presumed that the creditor delivered it voluntarily,
unless the contrary is proved.
ART. 1273. The renunciation of the principal debt shall
extinguish the accessory obligations; but the waiver of the
latter shall leave the former in force.
ART. 1274. It is presumed that the accessory obligation of
pledge has been remitted when the thing pledged, after its
delivery to the creditor,is found in the possession of debtor,
or of a third person who owns the thing.