I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
If, in a debt, the creditor issues a receipt after he accepts the principal without reservation regarding the interest there is a rebuttable presumption that the interest and/or prior installments were already paid by the debtor. This complements Art. 1253 of the Civil Code, which states that payment of the principal amount in a debt that bears interest will not be considered made until the interest itself has been paid as well.The creditor can protect himself with the following remedies:
1.) Exhaustion of the debtor's property (ex. reimbursement, attachment or execution of judgment)
2.) Accion subrogatoria -to be subrogated to all the debtor's rights and actions except those that are inherent in his person (i.e. the right to demand and collect unpaid credit from third persons who owe the debtor and haven't paid him yet)
3.) Accion pauliana -the creditor files an action to rescind the acts or contracts the debtor enters into to defraud him
Actions 2 and 3 are subsidiary to 1. Regarding accion subrogatoria, the creditor can't pursue subrogatory actions on the debtor's behalf which are personal to the debtor, like revoking a donation because of ingratitude, exercising parental authority over the debtor's children, revoking the debtor's will, etc. Accion pauliana has a criminal counterpart called fraudulent insolvency.
Rights acquired by virtue of an obligation are transmissible in character except:
1.) Their nature won't allow them to be transferred (like purely personal rights)
2.) The parties stipulate that they can't be transferred
3.) They're not transmissible by operation of law
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