Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. It may be made expressly or impliedly.
Ang “condonation” ay isang pagpapatawad ng nagpautang sa umutang ito ay tinataguring isang pabuya sa isang tao at kinakailangan naman ng pagtanggap ng dapat na siyang magbayad. Ito ay pwede ipakita sa pamamagitan pahiwatig o pahayag.
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. (1188)
Ang paghahatid o pagdadala ng pribadong dokumento na nagpapatunay sa isang pagkakautang na ginawang boluntaryo ng nagpautang sa nangutang, ay pinababatid ng pagtatakwil ng karapatan ng mga ginawa ng nangutang sa kanya.
Kung para maipawalang bisa ang pagtatakwil ng karapatan kailangang angkinin na inofficious ito, ang nangutang at ang kanyang tagapagmana ay maaaring sang-ayunan ito sa pamamagtan ng pagbibigay na ang inihatid na dokumento ay ginawa sa kabutihan ng pagbabayad ng utang.
Discussion:
Presumption in case of voluntary delivery of indebtedness by creditor:
1)Pressumption of implied remission – the article gives an example of implied or tacit remission. If the debt is not yet paid, the creditor would need the document to enforce payment. In case he voluntarily delivers it to he debtor, the only logical interference is that he is renouncing his right.
2)Contrary Evidence – The pressumption is prima facieor rebuttable by contrary evidence. Evidence is admissible to show otherwise, as when a receipt signed by the creditor was delivered only for examination by the debtor client (lawyer) of the amount of attorney’s fee to be paid by the latter.
3)Extent of remission – If the obligation is joint, the pressumption of remission partains only to the share of the debtor who is in possession of the document; if solidary, to the total obligation.
4)Presumption applicable only to private document – Article 1271 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
Under second paragraph of Article 1271, the renunciation of the action which the creditor had against the debtor maybe nullified or invalidate by showing that the waiver is inofficious. In other words the remission becomes null and void upon proof that it is inofficious.
The debtor and his heirs may prove that the delivery of the document was really made in virtue of payment of the debt and not remission.
**no case cited
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 