Professional Documents
Culture Documents
1231)
Q: 6 Principal modes to extinguish anobligation?
1.Payment or Performance
2.Loss of the thing due
3.Compensation
4.Confusion or Merger of Rights
5.Condonation or Remission of the debt
6.Novation
Q: Additional Modes of Extinguishment of anobligation?
1.Annulment of the contract
2.Recission of the obligation
3.Fulfillment of a Resolutory Condition
4.Prescription
Q: Does prescription extinguish an obligation?
-In the
case of Development
Bank
v. _______
The Supreme Court said, No.prescription does not extinguish anobligation. What is extinguished by
prescription is only the right of the
creditor
to
enforce
the
obligation
but
the obligation remains. Hence, prescription becomes a defense against an action to enforce an
obligation that has prescribed.
Q: What is extinguished in prescription?
-Only the civil nature or character of the obligation and not the obligation itself. The obligation is
converted from its civil character (enforceable) to a natural obligation (unenforceable).
-The prescription to bring an action is10 years.
Q: Proof that the obligation doesntextinguish
even
after
If the payment is accepted by thecreditor even after the prescription.
prescription?-
Q: PAYMENT?
-Under the codal provision, Paymentmeans not only the delivery of themoney
but
also
the
performance of an obligation in any other manner.-On that basis, Payment can apply to all kinds of
obligation to give, to do or not to do.
Q: What are the requirements of Payments?
1.Payor one who makes the payment
2.Payee one who receives the payment
3.Thing to be paid must always conform to the thing due
4.Time, Place, Manner of Payment
Q: When must payment be made?
-The law says, on its due date.
Q: When is the due date of an obligation?
-From the date or time that the creditor acquires the right to enforce or invoke the obligation.
Q: At what time of the due date must an obligation be paid?
-The debtor has 24
hours
(the
creditor has the right to demand within 24 hours.
Q: Can the debtor compel the creditor to accept payment at 2:00 am?
-Literally, YES. As long as it is within the 24-hour limit.-However, a day should be interpreted as
within the Reasonable Hours of the due date (working day)
of
payment-
the
debtor
or
not,
the
3 rd
2. Estoppel (waiver on the part of the creditor) creditor accepts such performance, being aware of their
regularity in the performance of the obligation.
Q: What is Identity?
-Means that what is performed must conform to the thing due. The thing paid must not vary from
the thing due.
Q: XPN in Identity?
-Dation in Payment. Because in dation in payment, what the creditor receives is not the thing due.
(substitute thing)
Q: XPNs to Indivisibility?
1.If the parties agree on partial performance
2.Obligation is partly liquidated and partly unliquidated
Q: What is the status of payment when it ismade by an incapacitated person (debtor)?
-Law says: NOT VALID (but it is not deemed void)
-However, under RA 6809, they are valid until set aside (Voidable)
Q: What is the status of payment made to the incapacitated creditor?
-VALID if it is redounded to the benefit of the creditor-Gen. Rule shall apply that it should benefit
the creditor-If he did not kept the payment but it redounded for his benefit VALID.
Q: Payment made by an incapacitated person is voidable, to what kind of obligation is the law referring
to?
-Only in Obligation to Give, becausecapacity of the obligor is necessarysince it involves transfer
of ownership.
Q: What kind of benefit?
-All kinds of benefit except sexualbenefit-If the benefit is redounded to thecreditor,
then
payment is valid-As long as the benefit involves feelings, that is deemed sexual benefit
the
Q: What if the payment is made to a 3rd person, what is the status of the payment?
-It will be valid only if the payment made to a 3rd person redounded to the benefit of the creditor.Benefit must be established because it is never presumed, otherwise it is VOID.
-XPNs:1.3rd person acquires the right of the creditor (he becomes the new creditor)
2.Creditor ratifies the Payment to the3rd person
3.Creditor led the debtor to believe that the 3rd person was authorized to receive the payment.
Q: Status of payment?
-It becomes a Donation if the credit or accepted it