SECTION 3.
— Condonation or Remission
of the Debt
ART. 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.
Condonation or remission - is the gratuitous renunciation by the
creditor of his right against the debtor resulting in the extinguishment
of the latter’s obligation in its entirely or in that part of the same to
which the renunciation refers. It is thus a form of donation.
Requisites of condonation or remission.
(1) It must be gratuitous;
(2) It must be accepted by the obligor;
(3) The parties must have capacity;
(4) It must not be inoffi cious; and
(5) If made expressly, it must comply with the forms of donation.
 presupposes that the obligation is and continues to be, demandable at the
time of the remission
 should be proved by clearer and more convincing evidence than what is
required to establish payment.
 Remission must be gratuitous.
 If there is equivalent received or benefit given it changes the nature to:
(1) Dation in payment, if a thing is received by the creditor instead of
the amount due (Art. 1245.);
(2) Cession, if the assignment of property is for the benefit of
creditors (see Art. 1255.);
(3) Novation, if the object or circumstances of the obligation are
changed (Art. 1291.); and
(4) Compromise, if what is renounced is a doubtful or litigious
right in exchange of other concessions obtained by the creditor.
 Condonation or remission is a bilateral act. Article 1270 expressly
requires its acceptance by the debtor.
 no one can give more than that which he can give by will, otherwise, the excess
shall be inofficious and shall be reduced by the court accordingly.
ART. 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.
 Example of implied or tacit remission
 Necessary that delivery of private document be voluntary act of creditor
 If the obligation is joint, the presumption of remission, when applicable, pertains
only to the share of the debtor who is in possession of the document; if solidary,
to the total obligation
 speaks of a private document. The legal presumption of remission does not
apply in the case of a public document because it is easy to obtain a copy of
the same, being a public record
ART. 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.
 presumption of voluntary delivery, in turn, gives rise to the presumption of
remission.
ART. 1273. The renunciation of the principal debt shall extinguish the
accessory obligations; but the waiver of the latter shall leave the former in
force.
 ART. 1274. It is presumed that the accessory obligation of pledge has been  Merger which takes place in the person of the guarantor, while it extinguishes the
remitted when the thing pledged, after its delivery to the creditor, is found in guaranty, leaves the principal obligation in force.
the possession of the debtor, or of a third person who owns the thing.

 If the thing pledged is later found in the hands of the debtor or the third person, ART. 1277. Confusion does not extinguish a joint obligation except as regards
only the accessory obligation of pledge is presumed remitted, not the obligation the share corresponding to the creditor or debtor in whom the two characters
itself concur.

SECTION 4. — Confusion or Merger  Merger in the person of one of the solidary debtors shall extinguish the
of Rights entire obligation because it is also a merger in the other solidary debtors.

ART. 1275. The obligation is extinguished from the time the characters of  He who makes payment may claim reimbursement from his co debtors for
creditor and debtor are merged in the same person. the shares which correspond to them.

Confusion or merger - is the meeting in one person of the qualities

of creditor and debtor with respect to the same obligation.

Requisites of confusion.

(1) It must take place between the principal debtor and creditor;

(2) It must be complete and definite.

 Real rights like usufruct, mortgage, pledge, right of repurchase, lease record,
servitude, etc., may be extinguished by merger when any of such rights is
merged with ownership which is the most comprehensive real right.

 The merger results in what is denominated as consolidation of ownership.

ART. 1276. Merger which takes place in the person of the principal debtor or
creditor benefits the guarantors. Confusion which takes place in the person
of any of the latter does not extinguish the obligation.

 Merger in the person of the principal debtor or creditor extinguishes the

obligation. Hence, the accessory obligation of guaranty is also extinguished