DOCTRINES

Villaroel v. Estrada
The present action is not based on the original debt contracted by petitioners
mother which has already prescribed but on petitioners undertaking on Aug 9 1930
to assume the original obligation. For the petitioner who is the sole heir of the original
debtor with rights to the latters inheritance, the debt legally contracted by his mother
even if it has already lost enforceability due to prescription, has become a moral
obligation which is a sufficient consideration to make the obligation he voluntarily
assumed on Aug 9 1930 enforceable and legally demandable
Where, therefore, a party acknowledges the correctness of a debt and promises
to pay it after the same has prescribed and with full knowledge of the prescription he
thereby waives the benefit of prescription.
Ansay v. NDC
"Civil obligations are a right of action to compel their performance. Natural
obligations, not being based on positive law but on equity and natural law, do not grant
a right of action to enforce their performance, but after voluntary fulfillment by the
obligor, they authorize the retention of what has been delivered or rendered by reason
thereof".
It is thus readily seen that an element of natural obligation before it can be cognizable by
the court is voluntary fulfillment by the obligor. Certainly retention can be ordered but
only after there has been voluntary performance. But here there has been no voluntary
performance.

DBP v. Confessor
This is not a mere case of acknowledgment of a debt that has prescribed but a
new promise to pay the debt. The consideration of the new promissory note is the preexisting obligation under the first promissory note. The statutory limitation bars the
remedy but does not discharge the debt.
The husband is the administrator of the conjugal partnership. As such
administrator, all debts and obligations contracted by the husband for the benefit of the
conjugal partnership, are chargeable to the conjugal partnership. No doubt, in this case,
respondent Confesor signed the second promissory note for the benefit of the conjugal
partnership. Hence the conjugal partnership is liable for this obligation.