Text of the provision
Art. 1271. The delivery of a private document evidencing a credit, made voluntarily by the creditor to the debtor, implies the renunciation of the action which the former had against the latter. If in order to nullify this waiver it should be claimed to be inofficious, the debtor and his heirs may uphold it by proving that the delivery of the document was made in virtue of payment of the debt.
(1188)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Voluntary delivery of a private document evidencing a credit, by creditor to debtor, implies renunciation of the action. To defeat a claim that this waiver is inofficious, the debtor may prove the document was delivered because the debt was actually paid.
Questions about this provision
Related provisions
- Article 1270 — Condonation or Remission.
- Article 1272 — Presumption From the Debtor's Possession of the Document.
Cases citing this article
- Leonardo Bognot vs. RPI Lending Corporation represented by its General Manager, Dario J. Bernandez, G.R. No. 180144, September 24, 2014 — read the decision on LawPhil →
- Lordito Arrogante, et al. vs. Beethoven Deliarte etc, G.R. No. 152132, July 24, 2007 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.