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Art. 1249.

The payment of debts in money shall be made in the currency


stipulated, and if it is not possible to deliver such currency, then in the
currency which is legal tender in the Philippines.
The delivery of promissory notes payable to order, or bills of exchange or
other mercantile documents shall produce the effect of payment only
when they have been cashed, or when through the fault of the creditor
they have been impaired.
In the meantime, the action derived from the original obligation shall be
held in the abeyance. (1170)
Legal Tender- is that currency which a debtor can legally compel a creditor to
accept in payment of a debt in money when tendered by the debtor in the
right amount. (Black Law Dictionary)
In the Philippines, all coins and notes issued by the Bangko Sentral Ng
Pilipinas (BSP) constitute legal tender for all debts, both public or private.
Unless otherwise fixed by Monetary Board of the BSP, coins are legal tender
for amounts not exceeding P50.00 for denomination of P0.25 and above, and
those of amounts not exceeding P20.00 for denominations of P0.10 or less.
All coins and bills above P1.00 are, therefore, valid, legal tenders for any
amount.
Ex. Richard owes Laila P1,000.00 which is due today. Laila can refuse
to accept check from Richard. If Laila accepts, there is no payment yet
until the check has been cashed or when through his fault, it has been
impaired as when he has delayed in presenting the check for payment
for an unreasonable length of time and the check has lost its value by
reason of the insolvency of the bank.

Art. 1250. In case an extraordinary inflation or deflation of the currency


stipulated should supervene, the value of the currency at the time of the
establishment of the obligation shall be the basis of payment, unless there
is an agreement to the contrary. (n)
Inflation- it is a sharp sudden increase of money or credit or both without a
corresponding increase in business transactions. (Websters Dictionary). It
causes a drop in the value of money, resulting in the rise of the general price
level.
Deflation- is the reduction in volume and circulation of the available money or
credit, resulting in a decline of the general price level; it is the opposite of
inflation.

Ex. Ria borrowed from Emi P5,000.00 payable after five years. On the
maturity of the obligation, the value of P5,000.00 dropped to P2,500.00
because of inflation (or increased to P10,000.00 because of deflation).
In this case (assuming there is extraordinary inflation or deflation), the
basis of payment shall be equivalent value of the currency today to
that five years ago. Hence, Ria is liable to pay Emi P5,000.00 (or
P2,500.00) unless there is an agreement to the contrary.
Limitations, p. 4]. With particular reference to the Constitution of the Philippines: That written instrument
enacted by direct action of the people by which the fundamental powers of the government are established,
limited and defined, and by which those powers are distributed among the several departments for their
safe and useful exercise for the benefit of the body politic [Malcolm, Philippine Constitutional Law, p. 6].

a)

Written or unwritten. Awritten constitution is one whose precepts are


embodied in one document or set of documents; while an unwritten
constitution consists of rules which have not been integrated into a single,
concrete form but are scattered in various sources, such as statutes of a
fundamental character, judicial decisions, commentaries of publicists,
customs and traditions, and certain common law principles [Cruz,
Constitutional Law, pp. 4-5].

b)

Rigid or Flexible. A rigid Constitution is one that can be amended only by a


formal and usually difficult process; while a flexible Constitution is one that
can be changed by ordinary legislation [Cruz, ibid., p. 5].

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