1251

NO EXAMPLE FOUND
Pero may nakita akong case for an idea lang:

“ it is the full responsibility of the plaintiffs to collect the rents to the place where the obligation
made and it was stated on this article that “In any other case the place of payment shall be the
domicile of the debtor.”

Venue of Payment
1. Specific place designated where payment shall be made.
2. If there is no agreement, the following rule shall apply:
a. Delivery of determinate thing – on the place where the thing might be at the
time the obligation was
constituted.
b. Other cases (delivery of money, generic thing or to perform a personal
obligation) – at the domicile of the debtor.

1252 Rules on application of payments.

EXAMPLES:

D owes C as follows:

(a) P1,500.00 payable on September 5;

(b) P1,200.00 payable on September 20;

(c) A specific table worth P2,000.00 to be delivered on September 20; and

(d) P1,000.00 payable on October 15.

(1) On September 20, D paid C P1,500.00. D may apply the P1,500.00 to debt (a), or to debt (b)
and (if C does not object) to a portion of debt (a).

If D paid only P1,000.00, he cannot choose to apply his payment to the P1,500.00 debt because
C cannot be compelled to receive partial payment. (see Art. 1248.) D cannot properly apply his
payment to debt (c) because it is not of the same kind. He must deliver the thing agreed upon.
(Art. 1244.) Neither can he apply it to debt (d) which is not yet due unless there is a stipulation
to the contrary or he has the benefit of the period.

An application of payment made by the debtor without objection from the creditor is binding
upon the latter. His acquiescence is equivalent to an agreement and has the force and efficacy
of a contract. (Sanz vs. Lavin, 6 Phil. 299 [1906].)

(2) If D does not make a choice, C can make the designation in the receipt with the consent of
D. D may change the application made by C. Note that the law says “if the debtor accepts” (par.
2.), which implies that he has the liberty to reject also.

The acceptance by D of the receipt given by C is regarded by the law as contract in itself
independent of the principal obligation. His acquiescence to the application made by C amounts
to an assent to such application (Ibid.), which he may no longer revoke or change (Bachrach
Garage & Taxicab Co. vs. Golingco, 39 Phil. 912 [1919].), “unless there is a cause for
invalidating the contract” (Art. 1252, par. 2.) as where the consent of D in accepting the receipt
was vitiated by reason of fraud, mistake, etc. (see Art. 1330.)

(3) If C does not make the application in the receipt or no receipt was issued by him, then the
legal rules in Article 1254 will govern

1253
No examples
Hence, the debtor cannot choose to credit his payment to the principal before the interest is
paid. The payment must be applied first to the interest and whatever balance is left, must be
credited to the principal. (De Leon book)

1254
No examples
* A debt is more onerous than another when it is more burdensome to the debtor.
(De Leon book)
Just in case asked:
Guides in Determining Which Debt is More Onerous: 

1. A debt that bears interest is more burdensome than a debt which does not. 

2. Older debts are more onerous than recent debts. 

3. A mortgage obligation is more burdensome than a debt arising from a current
account. 

4. A mortgage debt is more burdensome than unsecured advances. 

5. Debts covered by a guaranty are more onerous because the creditor & guarantor
may sue the debtor. 

6. In a bond where the surety is bound solidarily with the debtor but for a lesser
amount, the principal 
 debtor’s portion is more onerous. 

7. Debts subject to a penal clause is more onerous than debts subject to the
general rules on damages. 

8. An exclusive debt is more burdensome than a solidary debt!