Remission or Condonation

SECTION 3
Condonation or Remission of the Debt

(Article 1270 - 1274)
Condonation - it is a gratuitous abandonment by the creditor of his right in favor of

the debtor. It is actually a form of donation.
(ex. Pogi owes Ganda P1,000,000 payable on December 25, 2020. On the due date,
Ganda told Pogi he need not pay the P1,000,000 since she was condoning it. Here,
the obligation was extinguished through condonation or remission.)
ARTICLE 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
donation. (1187)
Essential Requisites of Condonation or Remission:
1. It must be gratuitous - the cause or consideration in remitting or condoning of

the credit or the right of the creditor is no other than the liberality of the
creditor, and nothing in exchange or free of charge
2. It must be accepted by the obligor - in a donation, it must be accepted by the
donee. Here, the debtor needs to accept what the creditor is remitting. This is
expressly required by Article 1270. This is a bilateral act.
3. The parties must have capacity - they must have the capacity in order to have
a binding force
4. It must not be inofficious - or excessive, the rationale here is that no one can
give more than what which he can give by will. The amount to be condoned or
remitted must not be excessive to the point that the legitime is included.
(Legitime is the right of the compulsory heirs) Otherwise, if it is inofficious, it
can be reduced by the court such that, legitime is included, etc.
5. If made expressly, it must comply with the forms of donation - Article 1270
requires formalities with condonation same with donation. If it involves an
obligation to give a piece of land and since a land needs to be in a public
instrument, in this case, then the forms required that it must be in public
instrument. So if the remission was done in the last will and testament of a
person, then that last will must be valid so the condonation or remission will
also be valid.
Kinds of Remission:
As to its extent
1. Complete - covers the entire obligation

2. Partial - does not cover the entire obligation
As to its form
1. Express - made either verbally or written

2. Implied - seen through conduct of creditor
As to its date of effectivity
1. Inter vivos - it takes effect during the lifetime of a donor (this is usually the
donation which takes effect right away while the donor is still alive.)
2. Mortis causa - it takes effect upon the death of the donor (this is usually seen
in the last will or testament of the person.)
ARTICLE 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)
This is another presumption. Article 1271 talks about the presumption that in case
the document of indebtedness is voluntarily delivered by creditor
What is the effect of the delivery of a private document evidencing the credit? Article
1271 says that delivery of a private document by the creditor to the debtor, creates
presumption of implied remission. The delivery by the creditor should be voluntary.
However, since this is only a presumption, this can still be overcome by showing
proof to the contrary. (The creditor can show proof that he did not remit the
condonation of credit.) This article talks about private documents.
(ex. Pogi issues a promissory note in favor of Ganda in an amount of P1,000,000.

Later on, Ganda delivered the promissory note back to Pogi without collecting the
money so Pogi is the possessor of the promissory note again since Ganda delivered
it voluntarily. In this case, there is a presumption that Ganda condoned or remitted
the debt, unless proven otherwise.)
ARTICLE 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)
Article 1272 is connected to 1271. If Article 1271 is about the presumption that there
was implied remission/voluntarily delivered by the creditor, then Article 1272 talks
about the presumption of voluntary delivery. If the private document wherein the debt
appears, is found in the possession of the debtor, then there is a presumption that it
was voluntarily delivered to him by the creditor, unless proven otherwise. The
creditor can always overcome such presumption by proving it.
ARTICLE 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)
RULE: Accessory follows the principal
If the principal obligation is renounced/remitted/condoned, since accessory follows

the principal, the accessory obligation is also renounced.
If it is the other way around, wherein the accessory obligation is

renounced/condoned/remitted, the principal obligation still exists or remains active
even without the accessory obligations.
(ex. Pogi owes Ganda P1,000,000 then Beauty is the guarantor. In this case, the
P1,000,000 is the principal debt, while the accessory obligation is the obligation of
Beauty as a guarantor, wherein she will be liable if Pogi does not pay. If Ganda
renounces Pogi’s debt, then Beauty’s obligation as a guarantor is extinguished. But if
only Beauty’s obligation or guarantee is renounced by Ganda, only Beauty’s
obligation is extinguished and Pogi’s is still active.
ARTICLE 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.
(1191a)
This is another presumption in the contract of pledge. If the thing that was given as a
collateral by the debtor to the creditor. (delivered items such as jewelry as a security
to the loan) Later on, if the collateral is in the possession of the debtor or whoever
owns the collateral, there is a presumption that the pledge had been remitted.
(ex. Pogi owes Ganda P1,000,000. As a guarantee of security, he delivered his

watch worth P1,000,000 and pledged the thing. Later on, the watch or item was seen
in Pogi’s possession and this means there is a presumption that Ganda had remitted
the accessory obligation that is the pledge. Only the accessory obligation of pledge
is presumed remitted, not the principal obligation. The P1,000,000 principal
obligation because Pogi still needs to pay. Only that, this time, there is no more
security or pledge so this will become a pure loan.

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SECTION 3

Condonation or Remission of the Debt

Condonation - it is a gratuitous abandonment by the creditor of his right in favor of

ARTICLE 1270 - Condonation or remission is essentially gratuitous, and

Essential Requisites of Condonation or Remission:

1. It must be gratuitous - the cause or consideration in remitting or condoning of

1. Complete - covers the entire obligation

1. Express - made either verbally or written

As to its date of effectivity

ARTICLE 1271 - The delivery of a private document evidencing a credit, made

If in order to nullify this waiver it should be claimed to be inofficious, the

(ex. Pogi issues a promissory note in favor of Ganda in an amount of P1,000,000.

RULE: Accessory follows the principal

If the principal obligation is renounced/remitted/condoned, since accessory follows

If it is the other way around, wherein the accessory obligation is

ARTICLE 1274 - It is presumed that the accessory obligation of pledge has

(ex. Pogi owes Ganda P1,000,000. As a guarantee of security, he delivered his

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