Article 1256

Jack borrowed P100, 000 from Jill. He offered to pay on the due date but Jill did not
appear on the place of payment.
Jack borrowed P100,000 from Jill. He offered to pay on the due date but Jill, without
cause, refuses to give receipt
Jack rented the apartment of Rich, but the two children (Jewel and Rich) of Rich claim
to collect the payment; Jack will now deposit the money to the court and let Jewel and
Rich fight in the court that has the valid right to collect.
Article 1257
Barbie secured a real estate mortgage to Ken. Ken foreclosed the property and sold it to
public auction. Barbie has 1 year to redeem as provided by law. Barbie cannot exercise
consignation because Mortgage is not a debt.
Barbie first announced to the guarantor that the payment will be deposited to the proper
court. The purpose is to give the creditor a chance to reflect on his previous refusal to
accept payment considering that the expenses of consignation will be charged to him
and in case loss of thing consigned, he shall bear the risk.
Article 1258
Emerald offer to pay Sapphire on the due date but Sapphire refuse to accept. Emerald
deposited the money to the proper judicial authority
Emerald proved to the court that the P10000 was tender of payment. Then the
consignation was made.
Article 1259
When Pearl did not question the validity of consignation and the court ordered that the
Ruby shall be released from its obligation, Pearl shall bear the expenses of
consignation.
Pearl questions the validity of consignation, and the court, after hearing, declares that
consignation was properly made, the expenses should be charged to Pearl.
Article 1260
Garnet withdrew the P50000 before Diamond accepted the consignation which makes
him still the owner. Thus, the obligation shall remain in force and the expenses are
charged to Garnet.

Before the judicial declaration that the consignation has been properly made, Garnet
withdraw the P50000. This makes him the owner and the obligation shall continue as
well as the expenses are charged to her.
Article 1261
Barbie is indebted of P80, 000 to Ken with Fiona as guarantor. On the due date, Barbie
offered to pay but Ken refused to accept. Barbie made a consignation. Subsequently,
Barbie withdrew the deposit with the consent of Ken.
Barbie and Britney are solidarily indebted for P80000 to Ken. Barbie is released from
solidary liability but still has an obligation to Ken for P40000, her share in the obligation.
Article 1262
Shane agreed to deliver a specific watch to Shiela on the May 1. Without the fault of
Shane, the watch was lost. The obligation is extinguished.
Shane obliged to deliver a laptop. Due to his negligence
Shane did not pay his taxes on the date stated. Thus penalties are charged to him plus
his obligation without need for demand from government.
Article 1263
Grey agreed to deliver 5 sacks of wheat to Mrs. White. During shipment, a storm came
and the truck was stranded on the flood which made the rice wet and unavailable.
Brown agreed to deliver a new Samsung laptop to Cream. The laptop was destroyed
due to a fire that happened in Browns house. The obligation is not extinguished and he
is liable unless he process contrary.
Article 1264
Mang Tomas agreed to deliver a specific rooster which was meant for a cockfight derby
to Mang Inasal. However, before the delivery the rooster escaped from its coop and got
into fight with another rooster. The rooster to be delivered had injuries on its leg. The
partial loss of the leg is important, and then it extinguishes the obligation
Blue obliged himself to deliver a specific car which will be used for a race to Mr. Green.
The car was partially damaged when he met an accident. The obligation is
extinguished.

Article 1265
Cristina borrowed jewelries from Mariah. She lost them when on the party. The
obligation is not extinguished and she is liable unless he proves the contrary.
Ern agreed to deliver a car to Erich. Due to his negligence the car was stolen.
Article 1266
Julian was contracted to drive a delivery truck for 30 days. After a week, he met an
accident and his legs were severely injured. He is released from obligation because of
his physical incapacity.
Mateo agreed to construct and place the gate in front of Stephys house. However, the
government declared eminent domain to the specified area where the gate will be
placed. The obligation is extinguished since the area is legally restricted for widening
the public road.
Article 1267
Mang Juan agreed to drill manually a 35 meter deep well. When he reaches 15 meters
deep, he explained that he finds it difficult to drill because of a large marble rock.
Carpio agreed to construct the bridge. However, a landslide occurs at the bridge. Carpio
shall be released from its obligation, in whole or in part.
Article 1268
MM stole the bag of GG. MM has the obligation, arising from the crime to return the
bag. Even if the is lost through a fortuitous event, MM is still liable for damages unless
mora accipiendi(delay on part of creditor to accept the bag).
MM agreed to deliver a brand new Samsung laptop. However, he exchanged his own
laptop instead of the new.
Article 1269
Bubbles insured her house against fire with Blossoms Insurance Company. Jojo burns
the house. If Blossoms Insurance Company pays the policy amount to Bubbles, it shall
have the right to recover from Jojo.
Article 1270
Ben borrowed P9000 from Gwen. The debt is evidenced by a promissory note executed
by Ben. On due date, Gwen informs Ben that she will no longer be collecting the debt

and delivers the note to Ben. Ben accepts Gwens generosity. Bens obligation is
extinguished by condonation or remission.

Article 1271
Kaye voluntarily delivered the private document to Jay. This infers that she is
renouncing his right.
Cee and Kaye are solidary debtors owing P50000. The private document was
voluntarily delivered to them by Jay. Thus the total obligation presumes remission.
Article 1272
Arianne issued a promissory note for P15, 000 payable to the order of Miriam. After one
month, the note was in possession of Arianne. There is here the presumption that
Miriam voluntarily delivered the note to Arianne. Miriam, however, is allowed to prove
that the note was taken from her without her consent, such as when it was obtained
from her by force or that it was stolen from her.
Trina borrowed P1M from Gayle evidenced by a promissory note. The note signed by
Trina and was given to Gayle. If the promissory note is voluntarily delivered to Trina, the
presumption is that the debt must have been paid by Trina.
Article 1273
Spongebob owes Patrick P7000 with Sandy as guarantor. The principal debt here is the
P7,000 while the accessory obligation is the guaranty of Sandy. The remission of the
debt of Spongebob by Patrick extinguishes the guaranty of Sandy. But if only the
guaranty of Sandy is condoned, the obligation of Spongebob shall remain in force.
Article 1274
Chloe delivers to Chuck her pearl necklace in pledge to guarantee the payment of loan.
If the ring is in the possession of Chloe it is presumed that the loan has no pledge.
Chloe made her car as collateral for the payment of loan. If the car is in the possession
of Chuck, it is presumed that the loan has pledge.
Article 1275
May issues a promissory note payable to the order of June. June indorses the note to
Eve, Eve indorses the note to April, and April indorses the note back to May. The
obligation here is extinguished because May, the debtor and maker of the note, is now
the creditor of herself.

August issued a promissory note for P15000 in favor of September payable 30 days
after sight. Before maturity of the note, September indorsed it to October; October
indorsed it to August. The obligation of August is extinguished because there is a
merger of the qualities of the debtor and creditor in one and the same person with
respect to one and the same obligation cannot demand and collect payment from him.
Article 1276
August obtains P15000 loan from September which loan was guaranteed by October.
Later, September assigned the credit to May, who in turn assigned it to August. The
principal debt is extinguished and Arvin is released from his obligation as guarantor. If,
in this example, the credit was assigned by September to May and May to October. The
contract of guaranty is extinguished but the principal obligation remains. August has
now the obligation to pay October.
Article 1277
I, O and U, joint debtors, issued a promissory note for P30,000 payable to R. R assigns
the note W, W to K, and K to J. Here only Is share amounting to P10, 000 is
extinguished because it is only in his person where the qualities of debtor and creditor
concur. O and U are still liable for P20,000 to I who is now the new creditor.
I, O and U are jointly indebted to Y in the amount of P30000. Y assigns his credit to X
who in turn assigned it to I. There is here a merger between I and Y but O and U would
now owe I P10000 each.
Article 1278
Gee owes Bee 1 sack of brown rice. Bee owes Gee 1 sack of brown rice.
Lee borrowed P12000 from Dee. Dee borrowed P12000 from Lee.
Article 1279
Bill obliged himself to deliver P9000 to Jill. Jill is also indebted to Bill.
Bill owes Jill a box of Ferrero. Jill owes Bill a box of Ferrero.
Bill owes Jill a box of Ferrero due on the Christmas Day. Jill owes Bill a box of Ferrero
due on the Christmas Day.