SECTION 3

CONDONATION OR REMISSION
OF THE DEBT
 Art. 1270
• Condonation or remission is essentially gratuitous, and requires the
acceptance by the obligor. It may be made expressly or impliedly.
• One and the other kind shall be subject to the rules which govern
inofficious donations.
Express condonation shall, furthermore, comply with the forms of
donations.
 Concept of remission
• Remission is an act of liberality by virtue of which, without receiving any
equivalent, the creditor renounces the enforcement of the obligation, which
is extinguished in its entirety or in that part or aspect of the same to which
the remission refers.
• It is an essential characteristic of remission that it be gratuitous, that
there is no equivalent received for the benefit given; once such
equivalent exists, the nature of the act changes.
 Requisites of Condonation or Remission
• 1. Existence of a demandable debt
• 2. Renunciation of the debt is purely gratuitous
• 3. Acceptance of the condonation or remission by the debtor
• 4. Formalities required by law on donation must be complied with
• 5. What has been condoned or remitted must not be inofficious
Express Condonation or Remission
Abandonment of credit
 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 heirs may uphold it by providing that the delivery of the
document was made in virtue of payment of the debt.
Implied Renunciaton of action
 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.
 Presumption of voluntary delivery of the
private document
• If the private document evidencing the credit is found in the possession of
the debtor, the presumption arises that the said document was delivered
voluntarily to the said debtor. The presumption is rebuttable.
 Significance of the presumption of voluntary
delivery of private document of credit to the
debtor
• The presumption of voluntary delivery of the private document of credit to
the debtor is that it implies the remission of the debt evidenced by the
document
 Inverse presumption

• If the document of credit is still in the hands of the creditor, there is the
presumption that the debt had not been paid yet, unless the contrary is
proved.
 Presumption of remission in joint obligation

• If a private document of credit is found in the possession of a joint debtor,

the presumption is that his share in the obligation had been remitted. The
obligation of the co-debtors will remain
 Presumption of remission in solidary
obligation
• If a private document of credit is found in the possession of the solidary
debtor, the presumption is that the whole obligation has been remitted.

• The above two presumptions are not conclusive. Both are rebuttable
by strong, clear and convincing evidence.
 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.
 Remission of principal debt, effect on
accessory obligation
• If the principal debt has been remitted, the accessory obligation is
extinguished. The reason is that the existence of the accessory obligation is
dependent upon the existence of the principal obligation. The principle
“accessory follows the principal” applies.
 Remission of the accessory obligation.
• If the accessory obligation alone is extinguished, the principal obligation
stays. The reason is that the existence of the principal obligation is not
dependent upon the accessory obligation.
 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 the debtor, or of a third person who owns the thing
 Presumption when the thing pledged is found
in the possession of the debtor or third person
who owns the thing
• If the thing pledged, after its delivery to the creditor, is found in the hands
of the debtor, it is presumed that the pledge (an accessory obligation) had
been remitted. The presumption of remission does not include the principal
obligation (loan)