Quiz no.

1. Distinguish how loss of the thing due, condonation and confusion extinguish an obligation?

 Loss of the thing due – if it should be lost or destroyed without the fault of the debtor,

and before he has incurred in delay.

 Condonation – if the creditor gratuitously renounced his right against the debtor with the

latter's acceptance. The remission is simply a form of donation. It may be made

expressly or impliedly.

 Confusion – if a debtor is his own creditor, enforcement of the obligation becomes

absurd, since one cannot claim against himself.

2. Carlos made a promissory note in favor of Ramona in the amount of P900. For the purpose of

collecting fees for his services, Ramona voluntarily delivered the promissory note to Carlos

without collecting the P900. Carlos is now in possession of the said note. Is there a disputable

presumption that there has been remission? Was there in fact, remission? Briefly explain your

answer.

 Yes, there is a presumption that there was remission as given under Art. 1188 (now Art.

1271), NCC. However, this presumption cannot stand if sufficient proof to the contrary is

adduced. There was no remission in this case because the presumption was overturned.

 For such a presumption may be taken into account, it is necessary that the evidence of the

obligation be delivered up to the debtor and that the delivery of the instrument proving

the credit be made voluntarily by the creditor to the debtor. In the present case, it cannot

be said that these circumstances concurred, inasmuch as when the plaintiff sent the

receipt to the defendant for the purpose of collecting his fee, it was not his intention that
 that document should remain in the possession of the defendant if the latter did not

forthwith pay the amount specified therein.

3. When is there loss of a thing? Does it include the notion of impossibility? Discuss.

When is there loss of a thing?

 When the object perishes, i.e. physically, it is destroyed

 When it goes out of commerce

 When it disappears in such a way that; its existence is unknown, and it cannot be

recovered (Art. 1189 (2)

Yes, does it include the notion of impossibility;

 Physical impossibility
 Legal impossibility; directly caused as when prohibited by law or indirectly caused as
when the debtor is required to enter a military draft.
 Moral impossibility, i.e. impracticability (Art. 1267)
4. Give an example of confusion or merger.

 X makes a check payable to bearer, and hands the check to Y, who hands it to Z who

finally hands it to X. Here, X owes himself.

- This is clear case of merger. Hence, obligation of X is extinguished.

5. What happens when remission is inofficious? When is a remission, condonation or even a

donation considered inofficious?

 What happens when remission is inofficious? – Remission may be nullified or invalidated

by showing that the waiver is inofficious. In other words, the remission becomes null and

void upon proof that it is inofficious

 When is a remission or condonation considered inofficious? – if it is more than that

which the creditor can give by will.

 When is a donation considered inofficious? – when a donation exceeds the legitime

reserved to compulsory heirs.