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Remit vs Condone in Philippine Law: Understanding the Key Differences
In legal practice, terms like remit and condone often arise in Philippine jurisprudence, but they carry distinct meanings and applications. While the search query focuses on Philippine law, relevant principles from Indian cases (which share common law roots and are sometimes referenced) provide clarity. This post breaks down the difference between remit and condone under Philippine law, drawing from judicial interpretations to help readers grasp these concepts.
Whether you're a lawyer, student, or involved in a case involving delays, obligations, or settlements, understanding these terms is essential. Note: This is general information based on case analyses and not specific legal advice—consult a qualified attorney for your situation.
What Does 'Remit' Mean in Legal Contexts?
Remit typically refers to the act of reducing, forgiving, or waiving a portion or all of a legal obligation, debt, or penalty. It is unilateral and does not require acceptance from the other party. In contract law, this is prominently seen under Section 63 of the Indian Contract Act (analogous principles apply in Philippine civil law under the Civil Code provisions on obligations and contracts).
Key Features of Remission:
- Unilateral Act: The promisee (creditor) can remit without consideration. As held, a promisee may dispense with or remit wholly or in part the performance of any promise or payment of any debt due to him under Section 63. Jitendra Chandra Roy Chowdhury VS S. N. Banerjee, Barrister-at-Law - 1942 Supreme(Cal) 84 USHANIL MERCANTILE PRIVATE LTD. VS UCO BANK - 2006 Supreme(Cal) 155
- No Need for Agreement: It absolves the promisor from the remitted part while the rest of the obligation continues. For example, in a debt recovery case, a bank settled for a lesser amount, and the court upheld the creditor's right to remit the balance, calling it an unfettered right. USHANIL MERCANTILE PRIVATE LTD. VS UCO BANK - 2006 Supreme(Cal) 155
- Application in Philippines: Though not directly from Philippine cases here, remission aligns with Article 1270 of the Civil Code (Philippines), allowing creditors to renounce rights over debts. In practice, it's used in settlements where courts enforce such waivers.
In one case, defendants were absolved from paying interest on a hand-note due to the promisee's remission, which was a unilateral act of grace. Jitendra Chandra Roy Chowdhury VS S. N. Banerjee, Barrister-at-Law - 1942 Supreme(Cal) 84
What Does 'Condone' Mean in Legal Contexts?
Condone, on the other hand, means to forgive or overlook a fault, delay, or offense, often requiring judicial discretion and sufficient cause. It is not unilateral and typically applies to procedural lapses like delays in filing appeals or claims.
Key Features of Condonation:
- Judicial Discretion: Courts must be satisfied with the applicant's explanation. Under limitation laws, the authority must record its satisfaction that the applicant had sufficient cause for not making the application in time. Micro Raj Electronics Pvt. Ltd, Hyderabad, rep. by its Director, V. Krishna Murthy VS Authority under Minimum Wages Act-cum-Joint Commissioner of labour, A. P. Hyderabad - 1995 Supreme(AP) 691
- Specific to Delays/Offenses: Common in appeals, wage claims, or matrimonial cases. For instance, condonation of a 2377-day delay in filing a first appeal was rejected due to flimsy reasons. G. Kothandan VS G. Raja - 2020 Supreme(Mad) 2134
- Philippine Context: In Philippine law, condonation mirrors Section 5 of the Limitation Act or Rule 10, Section 3 of the Rules of Court for excusable delays. In NIA Act appeals, courts read 'shall' as 'may' to allow condonation beyond 90 days if justified. National Investigation Agency Through Its Chief Investigating Officer, Jammu VS 3rd Additional Sessions Judge District Court, Jammu - 2022 Supreme(J&K) 684
In a minimum wages case, the authority failed to properly assess sufficient cause, leading to remand. Micro Raj Electronics Pvt. Ltd, Hyderabad, rep. by its Director, V. Krishna Murthy VS Authority under Minimum Wages Act-cum-Joint Commissioner of labour, A. P. Hyderabad - 1995 Supreme(AP) 691
Core Differences: Remit vs Condone
The difference between remit and condone under Philippine law lies in their scope, nature, and application:
| Aspect | Remit | Condone |
|-----------------|------------------------------------|------------------------------------|
| Nature | Unilateral waiver by creditor/party | Judicial forgiveness of fault/delay |
| Requirement| No court approval needed | Sufficient cause + court satisfaction |
| Context | Debts, obligations, settlements | Delays in filings, offenses |
| Effect | Reduces/extinguishes debt | Excuses procedural non-compliance |
| Examples | Remitting interest on loan Jitendra Chandra Roy Chowdhury VS S. N. Banerjee, Barrister-at-Law - 1942 Supreme(Cal) 84 | Condoning appeal delay G. Kothandan VS G. Raja - 2020 Supreme(Mad) 2134 |
- Remit is substantive and party-driven, as in debt remission where the defendants were entitled to remit a portion of the obligation under Section 63. Jitendra Chandra Roy Chowdhury VS S. N. Banerjee, Barrister-at-Law - 1942 Supreme(Cal) 84
- Condone is procedural and court-supervised, e.g., no case has been made out by petitioner to condone inordinate delay. G. Kothandan VS G. Raja - 2020 Supreme(Mad) 2134
In criminal contexts, condonation might appear in compromise scenarios, but differs from quashing under CrPC Section 482, which is about inherent powers, not direct condonation. GIAN SINGH VS STATE OF PUNJAB - 2012 7 Supreme 1 Narinder Singh VS State of Punjab - 2014 2 Supreme 642
Judicial Insights from Related Cases
Remission in Debt Recovery
In a Debts Recovery Tribunal case, the creditor's settlement remitted part of the debt, and the tribunal's refusal was overturned: The creditor... had an unfettered right to dispense with or remit. USHANIL MERCANTILE PRIVATE LTD. VS UCO BANK - 2006 Supreme(Cal) 155
Condonation in Appeals and Claims
- Delays beyond 90 days under NIA Act were condonable if directory: the word 'shall' in the second proviso should be read as 'may'. National Investigation Agency Through Its Chief Investigating Officer, Jammu VS 3rd Additional Sessions Judge District Court, Jammu - 2022 Supreme(J&K) 684
- In service law, condonation of deficit qualifications allowed UGC scale benefits for lecturers. Kalidas Mohapatra Rajkishore Routray Basudev Mohanty Shyamaghana Mishra VS State of Orissa - 2000 Supreme(Ori) 360
These cases illustrate that while remit is forgiving an obligation, condone excuses a lapse, often needing evidence of sufficient cause.
Practical Implications in Philippine Courts
In the Philippines, remit often arises in civil disputes under the Civil Code (Arts. 1270-1275 on remission). Courts uphold it as voluntary, similar to Indian precedents.
Condone is frequent in labor, criminal, and appellate matters:
- Labor Claims: Condonation requires recorded satisfaction. Micro Raj Electronics Pvt. Ltd, Hyderabad, rep. by its Director, V. Krishna Murthy VS Authority under Minimum Wages Act-cum-Joint Commissioner of labour, A. P. Hyderabad - 1995 Supreme(AP) 691
- Criminal Appeals: Discretion for delays, as in production warrants. National Investigation Agency Through Its Chief Investigating Officer, Jammu VS 3rd Additional Sessions Judge District Court, Jammu - 2022 Supreme(J&K) 684
- Matrimonial: Condonation of cruelty via conduct like cohabitation. Dipak Kumar Roy VS Anjali Roy - 1986 Supreme(Cal) 137
Key Takeaways
- Remit = Waive a debt/obligation unilaterally.
- Condone = Forgive a delay/offense judicially.
- Always provide strong evidence for condonation; remission needs clear intent.
- Philippine courts apply these flexibly, influenced by common law principles.
For precise application, review specific statutes like the Civil Code or Rules of Court. This analysis draws from precedents to highlight distinctions—legal outcomes vary by facts.
Disclaimer: This post provides general insights from case law and is not legal advice. Laws evolve, and professional counsel is recommended.
National Insurance Company Limited VS Pranay Sethi - 2017 8 Supreme 107 GIAN SINGH VS STATE OF PUNJAB - 2012 7 Supreme 1 Micro Raj Electronics Pvt. Ltd, Hyderabad, rep. by its Director, V. Krishna Murthy VS Authority under Minimum Wages Act-cum-Joint Commissioner of labour, A. P. Hyderabad - 1995 Supreme(AP) 691 Jitendra Chandra Roy Chowdhury VS S. N. Banerjee, Barrister-at-Law - 1942 Supreme(Cal) 84 USHANIL MERCANTILE PRIVATE LTD. VS UCO BANK - 2006 Supreme(Cal) 155 Dipak Kumar Roy VS Anjali Roy - 1986 Supreme(Cal) 137 National Investigation Agency Through Its Chief Investigating Officer, Jammu VS 3rd Additional Sessions Judge District Court, Jammu - 2022 Supreme(J&K) 684 G. Kothandan VS G. Raja - 2020 Supreme(Mad) 2134 Kalidas Mohapatra Rajkishore Routray Basudev Mohanty Shyamaghana Mishra VS State of Orissa - 2000 Supreme(Ori) 360
Search Results for "Remit vs Condone in Philippine Law: Key Differences"
2012 7 Supreme 1 • India - Supreme Court
R.M.LODHA, SUDHANSU JYOTI MUKHOPADHAYA, ANIL R.DAVE
78~S.482>482 - Inherent power to do complete and substantial justice - Should not be exercised as against the express bar of law ... Joshi1 and the submission made on behalf of the State that B.S. ... offences committed by public servants while working in that capacity, the settlement between offender and victim can have no legal sanction ... On account of default in repayment of loans, the bank filed a suit for recovery of the amount payable by the borrower company.
2017 8 Supreme 107 • India - Supreme Court
DIPAK MISRA, A. K. SIKRI, A. M. KHANWILKAR, D. Y. CHANDRACHUD, ASHOK BHUSHAN
it is therefore desirable that in case of difference of opinion, the question should be authoritatively settled. ... We are inclined to think that there can be some degree of difference as regards the percentage that is meant for or applied to in ... It also analysed the difference between the considerations of the two different methods by this Court in Susamma Thomas (supra) wherein
1990 0 Supreme(SC) 740 • India - Supreme Court
S.R.PANDIAN, K.JAYACHANDRA REDDY
Whoever he may be, however high he is, he is under the law. ... Conviction - First Information Report - Everyone whether individually or collectively is unquestionably under the supremacy of law ... a cognizable offence and thereafter rider Section 156(1) a statutory right to investigate any cognizable case without requiring sanction ... under the law. ... offence demanding either the registration of a case or commencement of an investigation; that it would be manifestly unjust to allow
2014 2 Supreme 642 • India - Supreme Court
K.S.RADHAKRISHNAN, A.K.SIKRI
Justice Lodha, speaking for the Court, explained the difference between the two provisions in the following manner:
difference is that under Section 320(1) of the Code, no permission is required from the Court in those cases which are compoundable ... purpose of punishment becomes paramount and even if the victim or his relatives have shown the virtue and gentility, agreeing to forgive
2006 3 Supreme 415 • India - Supreme Court
ARUN KUMAR, P. K. BALASUBRAMANYAN, C. K. THAKKER, Y. K. SABHARWAL, G. P. MATHUR
Going by a law newly enacted. ... favour of such persons for directing the employer, the State or its instrumentalities to absorb them in permanent service or to allow ... The law is dynamic and our Constitution is a living document. ... These two sets of appeals reflect the cleavage of opinion in the High Court of Karnataka based on the difference in approach in two ... They are terms calculated to condone any procedural irregularities and are meant to cure only such defects as are attributable to ... ....
2020 0 Supreme(P&H) 37 • India - Punjab and Haryana
GURVINDER SINGH GILL
Issues: The key issues revolved around the transfer of funds, the alleged agreements for land purchase, and the criminal liability ... Bail - Criminal Law - IPC 406, 420, 506/34 - SummaryFact of the Case: The petitioner seeks bail in a case involving ... allegations of fraudulent land deals and misappropriation of funds. ... but brother-in-law of said Santosh. ... Avdesh had been paid, stands duly established from ....
2020 0 Supreme(Mad) 2134 • India - Madras
R.SUBBIAH, T.KRISHNAVALLI
herein (the daughter of appellant) by transfer of funds through her Bank Account between 01.08.2008 and respectively - Court has ... - Absolutely, no case has been made out by petitioner to condone inordinate delay of 2377 days in filing appeal. ... on merits of the matter at the condone delay stage - For all reasons stated above, and applying decisions of Supreme Court discussed ... respondent herein (the daughter of#HL_E....
2022 0 Supreme(J&K) 684 • India - Jammu and Kashmir
SANJEEV KUMAR, MOHAN LAL
for Abdul Jabbar, who was in judicial custody, to record his statement regarding a case involving the transfer of funds for terrorism ... for the condonation of delays beyond 90 days. ... Can the delay beyond 90 days in filing an appeal under Section 21 of the NIA Act be condoned? 2. ... and, therefore, condone the same. ... The case relates to large scale transfer of funds from Pakistan to India ....
1942 0 Supreme(Cal) 84 • India - Calcutta
PAL, B. K. MUKHERJEA
The defendants were entitled to remit a portion of the obligation under Section 63 of the Contract Act, even though the obligation ... The defendants were entitled to remit a portion of the obligation under Section 63 of the Contract Act, even though the obligation ... The defendants were entitled to remit a portion of the obligation under Section 63 of the Contract Act, even though the obligation ... The word "remit#HL_EN....
2023 Supreme(Online)(KER) 28016 • India - High Court of Kerala
BECHU KURIAN THOMAS, J
Fact of the Case: The petitioner sought directives against respondents for the transfer of funds from a Binance account ... Issues: Whether the court should grant further reliefs to the petitioner requesting transfer and freezing of funds while investigations ... law enforcement to recover misappropriated funds from the Binance account, ultimately deciding no further relief was necessary as ... the Binance team to transfer....
2024 0 Supreme(Ker) 807 • India - Kerala
GOPINATH P.
The Law Dictionaries also give the same meaning. ... There seems to be no qualitative or other difference in the currency notes printed on paper and currency notes printed on plastic/polymer. ... "So also in Jowitt's Dictionary of English Law and Wharton's Law Lexicon we find that the following meaning is given for the word "bullion": "uncoined gold and silver in the mass. ... Wharton's Law Lexicon and Jowitt's Dictionary of English Law state the meaning of "specie" as "metallic money"....
• India - Delhi High Court
S.P.GARG
The premises at Nihal Vihar, Sayad Nangloi, New Delhi belonged to Devinder Singh's father-in-law and it were a residential premises occupied by Devinder Singh's father-in-law and family. Devinder Singh and his family were staying at another place at Janakpuri. ... On 27.01.2003, the Philippine Drug Enforcement Agency (in short PDEA) seized one ton of Ephedrine, a controlled substance, which was exported by the respondents in furtherance of criminal conspiracy from India to Manila, Philippine. ... It transpired that the E....
• India - Delhi High Court
The premises at Nihal Vihar, Sayad Nangloi, New Delhi belonged to Devinder Singh’s father-in-law and it were a residential premises occupied by Devinder Singh’s father-in-law and family. ... On 27.01.2003, the Philippine Drug Enforcement Agency (in short PDEA) seized one ton of Ephedrine, a controlled substance, which was exported by the respondents in furtherance of criminal conspiracy from India to Manila, Philippine. ... Ephedrine at any point of time and had not requisitioned or asked the Philippine#H....
2025 Supreme(Online)(ITAT) 5023 • India - Income Tax Appellate Tribunal (Ahmedabad Bench)
Makarand V. MahaDeokar, AM
The workings showed gross income as per Philippine ITR of PHP 33,77,23,647/- (INR Rs.46,54,02,659/-), against which the assessee claimed certain expenses disallowed under local law but permissible under Indian law and vice versa. ... tax law. ... It was explained that the gross income of PHP 33.77 crore (INR 46.54 crore) reported in the Philippine return was reduced for operating and non-allowable expenses, disallowances under Indian law (e.g. depreciation, penal payments, gratuity, le....
2025 Supreme(Online)(ITAT) 5472 • India - Income Tax Appellate Tribunal (Chennai Bench)
SHRI GEORGE GEORGE K, VP, SHRI S.R. RAGHUNATHA, ACM
Article 24(3) deals with the meaning of ‘Philippine tax payable’. ... As per para 3 of Article 24, ‘Philippine tax payable’ shall be deemed to include the amount of Philippine tax which would have been paid if the Philippine tax had not been exempted or reduced in accordance with this DTAA and Special incentive laws designed to promote economic ... The term ‘Philippine tax payable’ shall be deemed to include the amount of Philippine tax which would have been paid if the Phili....
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