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This blog is created to share notes, case digests, and other review materials the author have used during his study of law, as well as other law-related contents he finds interesting.

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DIGEST: Dacion en Pago (dation in payment)

Legal Principle: Dacion en Pago Dacion en pago is a special mode of payment whereby the debtor offers another thing to the creditor who accepts it as equivalent of payment of an outstanding obligation.  The undertaking is really one of sale, that is, the creditor is really buying the thing or property of the debtor, payment for which is to be charged against the debtor's debt. As such, the essential elements of a contract of sale, namely, consent, object certain, and cause or consideration must be present.  It is only when the thing offered as an equivalent is accepted by the creditor that novation takes place, thereby, totally extinguishing the debt.
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