Payment means not only the delivery of money but also the performance, in any other manner, of an obligation.
Ang pagbabayad ay hindi lamang ang pagdadala ng pera ito rin ay may kasamang pagsasagawa, kahit sa ano mang kaparaan, ng isang obligasyon.
‘Payment’ defined
Payment is that mode of extinguishing obligations which is consists of:
(Example: rendition of the required service)
When a right to sue upon a civil obligation has lapsed by extinctive prescription, the obligor who voluntary performs the contract cannot recover what he has delivered or the value of the service he has rendered.
Kung kalian ang karapatan na magdemanda para sa sibil na obligasyon ay lumipas na para sa taga na preskripsyon, ang obligor na nagkusa na gumawa ng kontrata ay hindi nya na maaaring makuha ang kanyang dinala o ang halaga ng kanyang ginawang serbisyo.
Example:
A’s debt to C has been extinguished by prescription. Yet A, knowing of the prescription, voluntary paid the prescribed debt. A cannot now recover what has paid C. Prescribed debt may indeed give rise to new obligation.
The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place.
Ang kalagayan na ang ilang mga kaganapan mangyari sa isang takdang panahon ay maaaring mawala na ang obligasyon hanggang sa dumating ang takdang panahon na ito ay wala ng bisa o kung ito ay walang kadudaduda na ang pangyayari at hindi na mangyayari.
Martin v. Boyero
Facts: A sold B a parcel of land on condition that the price would be paid as soon as B had paid off the mortgage and other debts of the estate. A waited for some time, but since B had not yet succeeded in paying off the debts, A brought an action to cancel the sale.
Held: The sale will not be cancelled. There was no time stipulated here, and besides, B was trying his best to comply with his agreement. So B must be given more time.
Obligations and Contracts 