Angilyn N.

Garo

BSBA-HRM1A
xxxxxx

ARTRETRO
 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 proving that the delivery of the document
was made in virtue of payment of the debt(1188)
 Presumption in case of voluntary
delivery of document of
indebtedness by creditor

ARTRETRO
 \

Presumption of implied
remission Contrary evidence Extent of remission Presumption applicable only to
The presumption is prima facie of private document
This article gives an example
rebuttable by contrary evidence. If the obligation is joint, the
of implied or tacit remission. Article 1271 speaks of a
Evidence is admissible to show presumption of remission
If the debt is not yet paid, the private document. The legal
otherwise, as when a receipt pertains only to share of the
creditor would need the presumption of remission does
signed by the creditor was debtor who is in possession of
document to enforce payment. not apply in the case of a
delivered only for examination by the document; if solidary, to
In case he voluntarily delivers public document because it is
the debtor client (lawyer) of the the total obligation.
it to the debtor, the only logical easy to obtain a copy of the
inference is that he is amount of attorney 's fees to be same , being a public record.
renouncing his right. paid by the latter.
 L

D owes C P10,000 evidenced by a promissory

note. The note, signed by D , is given to C.

EXAMPLE ART. 1272.

ART. 1273. The renunciation of the
If the promissory note is voluntarily principal debt shall extinguish the
delivered to D, the presumption is that accessory obligations;but the waiver of
the debt must have been paid by D the latter shall leave the former in
force.(1190).
 Effect of renunciation of the principal debt of the
accessory obligation.
The above provision follows the rule that the
accessory follows the principal. While the
accessory obligations cannot exist the principal
obligation, the latter may exist without the former.
ART. 1274. It is presumed that the accessory
obligation of pledge has been remitted when the
thing pledged, after it's delivery to the creditor , is
found in the possession of the debtor, or of a third
person who owns the thing. (1191a)

EXAMPLE
EXAMPLE
D delivers to C his diamond ring in pledge to guarantee
D owes C P10,000 with G as guarantor . The
the payment of a loan . If later on the ring is found in
principal debt here is the P10,000, while the
the possession of D, the presumption is that C has
accessory obligation is the guaranty of G.
agreed to the loan without the pledge.
 SECTION 4. —
CONFUSION OR
MERGER RIGHTS

ARTRETRO
 ART.1275.

The obligation is extinguished from the time the characters of

debtor of creditor and debtor are merged in the same person . (1192a)
EXAMPLE:

X and Y are the heirs of Z. In his will, Z gave to X

a parcel of land in usufruct (right to possess and use
or enjoy) for 10 years. The naked ownership to the
same parcel was given to Y. Later , Y sold his
interest in the land to X.
ART. 1276

Merger which takes place in the person of the principal debtor or

creditor benefits the guarantors.
Confusion which takes place in the person of any the latter does
not extinguish the obligation. (1193)

EXAMPLE

Suppose , in the example above C assigns his credit to E who, in

turn , assigns the credit to G, the guarantor

ART. 1277.
Confusion does not extinguish a joint obligation except as
reagards the share corresponding to the creditor or debtor in
which whom the two characters concur. (1194)
EXAMPLE:

A, B , C are jointly liable to D in the amount of P9,000 evidenced by a negotiable

promissory note. D indorsed the note to E , who , in turn , indorsed it to A.