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)
Kung sakaling ang pribadong dokumento na kung saan na ang utang ay nakita at natagpuan sa pangangalaga ng nangutang, nandoon ang pag-aakala na ang nagpautang ay dinala nya ito ng kusang loob, maliban na lamang na ito ay nagpapatunay na sumasalungat.
Example:
Kristine owe Karen P20,000.00 evidenced by a promissory note. The note, signed by Kristine, is given to Karen.
If the promissory note is voluntary delivered to Kristine, the presumption is that the debt must have been remitted by Kristine.
If it is known that Kristine has not yet paid Karen, it must be presumed that the obligation has been remitted by Karen.
Suppose it is not known how Kristine came into possession of the promissory note. The presumption is that it was voluntarily delivered by Karen, unless Karen proves the contrary. (Art. 1272)
Remission is an act of liberality by virtue of which the obligee, without receiving any price or equivalent, renounces the enforcement of the obligation, as a result of which it is extinguished in its entirety or in that part or aspect of the same to which the remission refers.
Case Illustration: Lopez Vito vs Tambunting
Obligations and Contracts 