c. Condonation

Answer:

• YES. The abandonment of Rosa by Ariel for more than one (1) year is a ground for legal separation unless upon returning to the Philippines, Rosa agrees to cohabit with Ariel which is allowed under the Muslim Code. In this case, there is condonation. The contracting of a subsequent bigamous marriage whether in the Philippines or abroad is a ground for legal separation under Art. 55 par. 7 of the FC. Whether the second marriage is valid or not, Ariel having converted into Islam, is immaterial.
• NO. The aggrieved spouse must file the action within 5 years from the occurrence of the cause. (FC, Art. 57) Rosa must file the action within five years from the occurrence of Ariel’s alleged subsequent bigamous marriage; the filing deadline depends on the date of that marriage.

Revocation of Unworthiness

The cause of unworthiness shall be without effect if the testator had knowledge thereof at the time he made the will, or if, having known of them subsequently, he should condone them in writing. (Art. 1033)

The unworthiness is set aside in the following ways: (Balane, supra)

• A written condonation, or
• The execution by the offended party of a will with knowledge of the cause of unworthiness.

By Operation of Law – In order to restore the disinherited heir to capacity, subsequent reconciliation is enough under the rules of disinheritance while under those on unworthiness; either a written pardon or a subsequent will is required. These rules on disinheritance and unworthiness would overlap the moment the testator uses one of the acts of unworthiness as a cause to disinherit an heir. Such act submits the situation to the rules on disinheritance; thus, reconciliation renders the disinheritance ineffective. (Balane, supra)

CONDONATION OR REMISSION OF DEBT

Condonation – An act of liberality by which the creditor renounces the enforcement of the obligation contracted in his favor. To condone is to forgive or to remit a debt. (Bañez v. Young, L-4635)

An act of liberality by virtue of which the creditor, without receiving any price or equivalent, renounces the enforcement of the obligation, as a result of which it is extinguished in its entirety or in that part or aspect of the same to which the condonation or remission refers.

Remission – An act of liberality by virtue of which the obligee, without receiving any price or equivalent, renounces the enforcement of the obligation, as a result of which it is extinguished in its entirety or in that part or aspect of the same to which the remission refers (Manresa). In brief, “it is the gratuitous abandonment by the creditor of his right”

Requisites

• Must be Gratuitous;
• Acceptance by the debtor;
• Must not be Inofficious;
• Formalities provided by law on Donations must be complied with if condonation is express; and
• There must be an existing debt at the time the remission is made; it need not yet be due and demandable.

NOTE: Remission or condonation of a debt is in reality a donation.

Examples of Implied Condonation, Waiver of Right to Collect

• Voluntary delivery of the private document in which the debt appears – when the private document in which the debt appears is found in the possession of the debtor – there is a rebuttable presumption that the creditor delivered it voluntarily (CIVIL CODE, art. 1272), which if not rebutted, will create the presumption of waiver condonation (remission) which in effect extinguishes the debt. (CIVIL CODE, art. 1271 (1))

EXCEPTION: when the waiver is inofficious. (CIVIL CODE, art. 1271 (2))

Defense to the claim of inofficiousness: the delivery of the document was made in virtue of payment of the debt. (CIVIL CODE, art. 1271 (2))

• If there is actual proof, or the presumption above is not rebutted, that the private document in which the debt appears was returned by the creditor to the debtor, there is a presumption of waiver
• If in hands of joint debtor – only his share is condoned.
• If in hands of solidary debtor – whole debt is condoned
• Tacit – voluntary delivery by the creditor to the debtor of a private document evidencing the credit implies renunciation of the action against the debtor. (CIVIL CODE, art. 1271)

Acceptance by the debtor

The acceptance by the debtor is required. There can be no unilateral condonation. This is because it is a donation of an existing credit, considered a property right, in favor of the debtor, it is required that the debtor gives his consent thereto by making an acceptance. If there is no acceptance, there is no condonation.