Practice question
A debtor pays part of a civil award under a receipt that expressly reserves the unpaid balance; no other discharge is established. He claims the partial receipt alone proves full extinction. Which is sound?
- Every partial receipt automatically means full payment.
- The reserved unpaid balance remains for determination and enforcement under the governing law.
- An express reservation is always meaningless.
- The debtor may select the balance unilaterally.
- Any installment necessarily pardons the offense.
Legal references
- Revised Penal Code, Articles 38, 112 and 113, cited civil-payment and extinction rules: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
- Civil Code, Articles 774-776, 1216-1220, 1231-1238, 1288 and 1292, as particularly relevant: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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