When the debtor binds himself to pay when his means permit him to do so the obligations is *?

When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of Article 1197. (n)

Kapag ang may utang ay ibinigkis kanyang sarili upang bayaran ang kanyang pag kakautang kapag ang kanyang pamamaraan/kakayahan ay pinahihintulutan siya upang gawin ito, ang obligasyon ay itinuturing bilang isa na may takdang panahon, na napapailalim sa mga probisyon ng Article1197

  • When the debtor binds himself to pay forms of promise or commitment, the obligation is deemed with a period or term.
  • The moment of payment is dependent upon the will of the debtor.

Note:    As the time of payment is not fixed, the same must be first fixed first before any action for collection should be allowed. This means, the creditor cannot immediately file an action for collection of the sum promised to be paid.

Phrases Indicating A Term or Period

  1. A commitment to pay “little by little”
  2. “As soon as possible”
  3. “As soon as I have money”
  4. When the creditor agreed “to wait until such time the debtor could pay the full indebtedness.”
  5. Obligation to be paid “in partial payments”

Case

Levy Hermanos Vs. Pedro Paterno

Facts:

  1. Pedro Paterno (defendant) executed a document in favor of Levy Hermanos (plaintiff), indicating that a balance of P6,177.35 will be payable in partial payments.
  2. The defendant made several payments and later claimed to establish the installment of P30.00 per month payment.
  3. The plaintiff disagreed and brought suit and asked that he should be paid the sum of P5,862.35 (unpaid balance) or that a period be specified within which he should pay the same, in case the court should deem such manner of payment more equitable.
  4. During the trial it was agreed by the parties that the sum which the defendant owed the plaintiff was P5,317.35
  5. In view of the evidence adduced during the trial, a monthly payment of P200 would be reasonable compliance with the agreement to pay the debt in installment. The payment will be rendered on or before the 15th of each month.
  6. The defendant appealed that:
    1. The obligation is one of payment by installment, its fulfillment cannot be required immediately;
    2. No fixed day was specified for its fulfillment;
    3. Payment is undetermined or was not fixed by parties when they executed the contract.

ISSUE:

            Whether or not the defendant should pay the plaintiff according to the period fixed by court.

HELD:

Yes. The trial court acted in accordance with the law in exercising said power by fixing the duration of the period on the basis that the payment of the debt should be made at the rate of P200.00 a month.

There was no abuse of judicial discretion in fixing such a rate, considering the importance of the obligatin and the absence of any stipulation of the interest in favor of the creditor.

Art. 1180. When the debtor binds himself to paywhen his means permit him to do so, the obligationshall be deemed to be one with a period, subject tothe provisions of Art. 1197.Debtor to pay “when his means permit”:paymentdoes not depend on debtor’s will. What depends reallyon him is not payment, but the time when payment is tobe made. Hence, the law consider this obligation as onewith a term or a period.How long is the term:The general rule is for thecreditor to ask the court first for the fixing of the term,and it is only when that term set arrives that he candemand fulfillment. Any action to recover before this isdone is considered premature.Luz 13

43PRTCd. Proportionate31.In what instance may we consider that there is no delay?

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32.A solidary obligation is one in which each of the debtor isliable for the entire obligation or debt and each of the creditors isentitled to the entire credit. Obligations shall also be consideredsolidary under the following three exceptions. Which does notbelong to the exceptionsa.When solidary is expressly stipulated in the obligation.b.When the prestation is indivisible and there are two or moredebtors and creditors.c.When the law expressly provides solidarity.d.When solidarity is required from the nature of the obligation.

33.D is under obligation to deliver to C a Toyota Altis with anengine no. 1234567. When D was on the way to deliver the car, itwas destroyed at a time when D was not yet in delay. The lawpresumes that the loss is due to

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34.If the obligor binds himself to perform his obligation as soonas "he shall have obtained a loan" from a certain bank, thisobligation is:

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35.Consignation is a mode of payment which extinguishes anobligation. Which of the following is not a requisite for consignation?

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36.When the debtor abandons and assigns all his properties infavor of his creditors for the latter to sell to satisfy his credits, this is:a. Remission