Oblicon Reviewer
I. EXTINGUISHMENT OF OBLIGATIONS PAYMENT OR PERFORMANCE ART 1232 – “Payment means not only the delivery of money but also the performance, in any other manner of an obligation”
a.) identity of prestation - the very thing or service due must be delivered or released b.) integrity – prestation must be fulfilled completely
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It is the fulfillment of the prestation due that extinguishes the obligation by the realization of the purposes for which it was constituted It is a juridical act which is voluntary, licit and made with the intent to extinguish an obligation Requisites:
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a.) person who pays b.) the person to whom payment is made c.) the thing to be paid d.) the manner, time and place of payment etc
Time of payment – the payment or performance must be on the date stipulated (may be made even on Sundays or on any holiday, although some states like the Negotiable Instruments Law states that payment in such case may be made on the next succeeding business day) The burden of proving that the obligation has been extinguished by payment devolves upon the debtor who offers such a defense to the claim of the plaintiff creditor The issuance of a receipt is a consequence of usage and good faith which must be observed (although our Code has no provision on this) and the refusal of the creditor to issue a receipt without just cause is a ground for consignation under Art 1256 ( if a receipt has been issued by payee, the testimony alone of payer would be insufficient to prove alleged payments)
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The paying as well as the one receiving should have the requisite capacity Kinds:
ART 1234 – “If the obligation has been substantially performed in good faith, the obligor may recover as though there had been a strict and complete fulfillment, less damages suffered by the obligee”
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a.) normal –when the debtor voluntarily performs the prestation stipulated b.)abnormal – when he is forced by means of a judicial proceeding either to comply
a.) identity of prestation - the very thing or service due must be delivered or released b.) integrity – prestation must be fulfilled completely
•
• • •
It is the fulfillment of the prestation due that extinguishes the obligation by the realization of the purposes for which it was constituted It is a juridical act which is voluntary, licit and made with the intent to extinguish an obligation Requisites:
• •
a.) person who pays b.) the person to whom payment is made c.) the thing to be paid d.) the manner, time and place of payment etc
Time of payment – the payment or performance must be on the date stipulated (may be made even on Sundays or on any holiday, although some states like the Negotiable Instruments Law states that payment in such case may be made on the next succeeding business day) The burden of proving that the obligation has been extinguished by payment devolves upon the debtor who offers such a defense to the claim of the plaintiff creditor The issuance of a receipt is a consequence of usage and good faith which must be observed (although our Code has no provision on this) and the refusal of the creditor to issue a receipt without just cause is a ground for consignation under Art 1256 ( if a receipt has been issued by payee, the testimony alone of payer would be insufficient to prove alleged payments)
• •
The paying as well as the one receiving should have the requisite capacity Kinds:
ART 1234 – “If the obligation has been substantially performed in good faith, the obligor may recover as though there had been a strict and complete fulfillment, less damages suffered by the obligee”
•
a.) normal –when the debtor voluntarily performs the prestation stipulated b.)abnormal – when he is forced by means of a judicial proceeding either to comply