When property is alienated to the creditor in satisfaction of a debt in money it shall be considered as dation
Payment means the delivery of money, or the performance of an obligation .
“The debtor has the burden of showing with legal certainty that the obligation has been discharged by payment. Where the debtor introduces some evidence of payment, the burden of going forward with the evidence – as distinct from the general burden of proof – shifts to the creditor, who… [has to] produc[e] some evidence to show non-payment” .
“From the foregoing definitions, an invoice, in and by itself, and as opposed to a receipt, may not be considered evidence of payment. In addition, it does not mean that possession by a debtor of an invoice raises the presumption that it has already paid its obligation” . “Payment shall be made to the person in whose favor the obligation has been constituted, or his successor in interest, or any person authorized to receive it” .
“The payment of debts in money shall be made in the currency stipulated, and if it is not possible to deliver such currency, then in the currency which is legal tender in the Philippines.
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