D owed C the following debts: P12,000.00 due on May 1; P12,000.00 due on May 5; P12,000.00 due on May 15 (secured by a pledge of D’s ring); and P12,000.00 due on May 25. On May 22, D wanted to tender payment to C but he had only P12,000.00. As of such date, none of the debts had been paid. In this case, D may apply the payment to:1 pointTo any of the debts due on May 1, May 5 and May 15, since they have all become due as of May 22.Any of the four debts since each one is of the same amount of the payment.All debts proportionately at P3,000.00.Only to the debt due on May 15 since it is the most onerous debt to D.
Question
D owed C the following debts: P12,000.00 due on May 1; P12,000.00 due on May 5; P12,000.00 due on May 15 (secured by a pledge of D’s ring); and P12,000.00 due on May 25. On May 22, D wanted to tender payment to C but he had only P12,000.00. As of such date, none of the debts had been paid. In this case, D may apply the payment to:1 pointTo any of the debts due on May 1, May 5 and May 15, since they have all become due as of May 22.Any of the four debts since each one is of the same amount of the payment.All debts proportionately at P3,000.00.Only to the debt due on May 15 since it is the most onerous debt to D.
Solution 1
D may apply the payment to any of the debts due on May 1, May 5, and May 15, since they have all become due as of May 22.
Solution 2
In this case, D may apply the payment to any of the four debts since each one is of the same amount of the payment. This is based on the principle of "facultative application of payment" which states that when the debt and payment amounts are the same, the debtor has the right to indicate which debt to apply the payment to. If the debtor does not specify, the creditor may apply the payment at their discretion. However, it should be noted that this is subject to any legal stipulations or contractual agreements that may dictate otherwise.
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