2026 Civil Law, Q6

Steph purchased a valuable bracelet from KM through Facetok Marketplace. Steph, who had neither a credit card nor a mobile wallet, asked KM if she could send the payment by courier, to which the latter agreed. Steph placed her payment in an envelope and sealed it. She booked a rider from Hatid Padala, Inc., a reputable logistics company, to deliver the sealed envelope with money to KM. While the rider was on his way to deliver the envelope to KM, he met an accident. Consequently, the envelope containing the money was lost. Steph demanded KM to deliver the bracelet she had paid for, or to reimburse the money lost by the rider. Are the demands of Steph justified? Explain.

Quick check

Under Article 1240 of the Civil Code, to whom must payment be made to validly extinguish an obligation?

Why does the loss of cash in transit through a courier booked by the debtor fail to extinguish a monetary debt?

What is the legal status of payment under Article 1233 of the Civil Code when funds sent via courier are lost before reaching the creditor?

Under Article 1524 of the Civil Code, when is a vendor NOT bound to deliver the object sold in a contract of sale?

Choices available with full access.

Whose agent was the third-party courier during the transmission of payment from Steph to KM?

Choices available with full access.

Unlock the full Civil Law answers

Learn more about these topics

1. Complete Payment
Under Article 1233 and Article 1240 of the Civil Code, payment is complete only when the prestation due has been fully delivered to the creditor or an authorized representative. Payment made to an unauthorized third person does not extinguish the obligation. When a buyer transmits money through a courier of her own choosing who lacks authority from the seller to receive payment, delivery of funds to the courier does not constitute valid payment. Consequently, the risk of loss in transit remains with the debtor until actual receipt by the creditor.

2. Genus Nunquam Perit
Under the legal maxim genus nunquam perit, a generic obligation is never extinguished by the fortuitous loss of a specific thing. Because money is generic and fungible, the loss or destruction of a specific envelope containing cash before actual delivery does not extinguish the buyer's obligation to pay the purchase price. The debtor remains bound to provide an equivalent sum to satisfy the debt, as the accidental loss of particular paper bills does not discharge a monetary obligation under Philippine civil law.

3. Reciprocal Obligations
In a contract of sale, the obligations of the seller to deliver the thing and the buyer to pay the price are reciprocal and interdependent. Under Article 1524 of the Civil Code, the vendor is not bound to deliver the thing sold if the vendee has not paid the price or if no credit period has been stipulated. Where the buyer's payment is lost in transit and never received by the seller, the buyer cannot compel delivery of the object, as the seller's duty to deliver remains suspended.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026