Art. 1247.

Unless it is otherwise stipulated, the extrajudicial expenses

required by the payment shall be for the account of the debtor. With
regard to judicial costs, the Rules of Court shall govern. (1168a)
General rules the debtor has to pay for the extrajudicial expenses incurred
during the payment.
Exception: When there is a stipulation to the contrary.

Art. 1248. Unless there is an express stipulation to that effect, the creditor
cannot be compelled partially to receive the prestations in which the
obligation consists. Neither may the debtor be required to make partial
payments.
However, when the debt is in part liquidated and in part unliquidated, the
creditor may demand and the debtor may effect the payment of the former
without waiting for the liquidation of the latter. (1169a)
General rule: the performance should be generally complete, delivered or
rendered, as the case may be.
Exceptions:
a)

When there is an express stipulation to that effect.

b) When the debt is in part liquidated (definitely and determined or computed) and in

part unliquidated.
c) When the different prestations in which the obligation consists are subject to

different terms or conditions which affect some of them.

d) When a joint debtor pays his share or the creditor demands the same.
e) When a solidary debtor pays only the part demandable because the rest are not

yet demandable on account of their being subject to different terms and

conditions.
f) In case of compensation, when one debt is larger than the other, it follows that a

balance is left.
g) When work is to be done by parts.
h) 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].
1 Constitution defined. That body of rules and maxims in accordance with which the powers of
sovereignty are habitually exercised [Cooley, Constitutional 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].