Condonation Or Remission Of The Debt Flashcards
Meaning of condonation or remission.
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.
The requisites are the following:
(1) It must be gratuitous;
(2) It must be accepted by the obligor;
(3) The parties must have capacity;
(4) It must not be inofficious; and
(5) If made expressly, it must comply with the forms of donation.
Evidence required to prove remission.
Remission, being an act of liberality, should be proved by clearer and more convincing evidence than what is required to establish payment. (Villahermosa vs. Medina,
Facts: D executed a promissory note for P500.00 in favor of C. Later, C died. D contends that he did not borrow from C but that the latter acted as intermediary to obtain the loan for D from F, C’s friend, and that after he was notified of the death of C, he paid F P200.00 as part payment of the P500.00 loan, offering at the same time to pay the balance in a few days but F made him understand that he was condoning the debt.
Issue: Upon the facts, is the alleged remission sufficiently estab- lished?
Held: No. D was the sole witness who testified about it. F, the creditor, was not presented to confirm it. The promissory note evidencing the debt was never returned by F to C or his legal representative. The partial payment of P200.00 made by D belies the alleged condonation. Moreover, if the said remission were true, it would benefit only the estate of C and not D.
The act of generosity of F must have been towards his friend C whose death bereaved him, or the family of the latter. D had no relation of friendship with F. (Villahermosa vs. Medina, supra.)
