SECTION 3.

–
Condonatoin or
Remission of Debt

by Malvin Angelo C. Reyes

 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 inofficous
donations. Express condonation shall,
furthermore, comply with the forms of
donation. (1887)
 Meaning of condonation or
remission
Condonation or remission is the gratuitous
abandonment by the creditor of his right
against the debtor.

It is thus a form of donation.

Requisites of condonation or
remission
1. It must be gratuitous.
2. It must be accepted by the obligor;
3. The parties must have capacity;
4. It must not be inofficous; and
5. If made expressly, it must comply with the
forms of donations.
 Kinds of remission
1. As to its extent:
a) Complete. – when it covers the entire
obligation; or
b) Partial. – when it does not cover the entire
obligation.
2. As to its form:
a) Express. – when it is made either verbally or
in writing; or
b) Implied. – when it can only be inferred from
conduct.
 Kinds of remission
3. As to its date of effectivity:
a) Inter vivos. – when it will take effect during
the lifetime of the donor; or
b) Mortis causa. – when it will become effective
upon the death of the donor. It must comply
with the formalities of a will.
Effect of inofficous remission
While a person my make donations, no
one can give more than that which he can
give by will; otherwise, the excess shall be
inofficous and shall be reduced by the court
accordingly.
 ART. 1271
The delivery if 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 inofficous, 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. (118)
Presumption in case of voluntary
delivery of document of
indebtedness by creditor.
1. Presumption if implied remission
2. Contrary evidence
3. Extent of remission
4. Presumption applicable only to private
document
 Payment not remission of
debt
Under the second paragraph of Article
1271, the renunciation of the action which
the creditor had against the debtor may be
nullified or invalidated by a showing that the
waiver is inofficous.
 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.
(1189)
Presumption in case document
found in possession of debtor
Ordinarily, the document evidencing the debt
is in the possession if the creditor. He has in
his favor the legal presumption that his
credit is as yet uncollected, unless the
debtor proves satisfactorily, by one (1) if the
rules recognized in law, that he has already
paid the claim.
Example:

D owes C P1,000 evidenced by a

promissory note. The note, signed by D, is
given to C.
• If the promissory note is voluntarily
delivered to D, the presumption is that the
debt must have been paid by D.
• If it is known that D has not yet paid C, it
must be presumed that the obligation has
been remitted by C. (Article 1271)
• Suppose it is not known how D came into
possession of the promissory note. The
presumption is that it was voluntarily
delivered by C, unless C proves the
contrary. (Article 1272)
 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. (1190)
 Effect of renunciation if 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 without
the former.
Example:

D owes C P1,000 with G as guarantor. The

principal debt here is the P1,000, while the
accessory obligation us the guaranty of G.

The remission of the debt of D by C shall

extinguish the guaranty of G. But if only the
guaranty of G is condoned , the obligation if
D shall remain in force.
 ART. 1274
It is presumed that the accessory
obligation of pledge has been remitted when
the thing pledge, after its delivery to the
creditor, is found in the possession of the
debtor, or if a third person who owns the
thing. (1191a)
 Presumption in case thing
pledged found in possession
of debtor

In a contract of pledge, it is necessary

that the thing pledged be placed in the
possession of the creditor, or of a third
person by common agreement.
Example:
D delivers to C his diamond ring in pledge to
guarantee the payment of a loan. If later on
the ring is found in the possession of D, the
presumption is that C has agreed to the loan
without the pledge.

C may prove that he returned the ring to D

upon the latter's request to be delivered
back to him.