DE VERA, JAMAICA G.

THE LAW ON OBLIGATIONS AND CONTRACTS

BSBA MM-3B NOVEMBER 06, 2023

SEAT WORK II
Part I
1. Define or give the meaning of the following.
a. Condonation or remission of debt
Condonation or remission of debt is the gratuitous abandonment by the creditor
of his right against the debtor.
It is thus a form of donation.

b. Inofficious remission
When the forgiveness granted exceeds what the creditor can give voluntarily.

2. Give the requisites in order that a condonation or remission of debt may be valid.
The requisites are the following: (1) it must be gratuitous; (2) it must be accepted by the
obligor; (3) the parties must have capacity; (4) it must not be inofficious; and (5) if made
expressly, it must comply with the forms of donations.

3. When is the condonation or remission of debt considered inofficious? What is the remedy of
the party adversely affected thereby?
In accordance with Art. 1270, the creditor may have its condonation or remission
completely canceled or reduced depending on whether it was entirely or merely partially
inofficious.

Part II
Explain or state briefly the rule or reason for your answer.
1. D (debtor) borrowed money from C (creditor) evidenced by a promissory note signed by D.
a. What presumption arises if:
1. The promissory note is voluntarily given by C to D?
If the promissory note is voluntarily delivered to D, the
presumption is that the debt must have been paid by D.
 2. It is found in the possession of D?
The presumption is that it was voluntarily delivered by C, unless C
proves the contrary.

b. When will the presumption of remission arise?

If the debt is not yet paid, the creditor would need the document to enforce
payment. In case he voluntarily delivers it to the debtor, the only logical inference is that
he is renouncing his right.

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

a. The debt of D is condoned by C?

If the guaranty of G is condoned, the obligation of D shall remain in force.
b. The certificate is later found in the possession of D?
C may prove that he returned the certificate to D upon the latter’s request to be
delivered back to him.