Practice question
The parties validly extend payment and the debtor fully follows the modified terms. The creditor sues solely for noncompliance with the superseded schedule. Which inquiry is decisive?
- Whether the old schedule was printed in larger letters.
- Whether the creditor prefers the original bargain.
- Whether counsel uses the word default repeatedly.
- Whether the debt once had an earlier date, regardless of modification.
- Whether an actual breach exists under the binding obligation as modified.
Legal references
- Swagman Hotels and Travel, Inc. v. Court of Appeals, G.R. No. 161135, April 8, 2005, main decision, existing breach and cause at commencement: https://lawphil.net/judjuris/juri2005/apr2005/gr_161135_2005.html
- 2019 Amendments to Civil Procedure, Rules 2-4 and relevant Rule 10 Section 3, current operative provisions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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