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ment consisting o¢ 25
ns not extingui
a, which of the flowing condonatior USN hg
1 debts obligato ton js in a public instrument, 7
a The con is made orally. The condonation involves e
ter whose value is P4,000.00, a
ation and the acceptance are in a
: te oe Tho ‘condonation involves a parcel of ‘aa
The condonation and the acceptance are made ora
wit the creditor delivering to the debtor simultaneous)
the promissory note amounting: to P10,000.00. ly
4 The condonation is ina public instrument. The
acceptance is made in a private instrument. The
condonation involves a television set worth P20,000.00
acceptan'
‘computer prin
103. In which of the following independent cases is the Payor of
debtors debt not subrogated tothe rights of the creditor?
7 msc 900000 The debt is secured by a pledge
C.D also owes X, P8,000.0
i ne .00 without the knowledge of D. ati
Gorse 7 aes 00. The debt is securéd by a pledge
ete Pays C P10,000.00 with the consent
4 Dowes ¢ py 0,000.00 Sowithout the knowledge of D.
&. payee Piopag ogi Cbligation is guaranteed by
. ithout the knowledge of.D.
‘ye 10.000.00 cash, The parties
once, Within one week from thel
ed in the agreement on how the
© Gated for,
S must
dtigence
405.
106.
ring. If today is A\
Dnorc desnaing the dan Ba® C P3,000.00 with neither
the payment shall be applied ich the payment shall apply,
a To the debt due
i msi pay basis.
© the debts due on
20, proportionately at PhD ta
¢ To the debt due on August 25, since it is the most
onerous to D.
d. To all the debts proportionately at P750.00 each.
on August 10, following the “first-due,
M executed a promissory note payable to P for P100,000.00
The note, which bears interest at 2% per month, is payable after
60 days. On the date of maturity, P proceeded to M's place to
collect but when M demanded the presentation of the promissory
note, P could not present it claiming that it had been lost. M_is
able and willing to pay the whole amount due including the
interest but he is at a loss on what to do because P does not
have the instrument. On the other hand, ine does not pay ihe
amount due, the interest on the principal will continue fo Acer
If you were M, the remedy that you W! ikely avail yours
a. dacion en page
b, payment by cession
c. consignation.
4. application of paym
ent.
(000.00. Based on
£12,
ata statements is
x, Y and 2 the folowing
we é
A,B, Cand Dowe? Vie
the foregoing 44
incorrect?
The obligation
There ae 7 dite
sh debior |
Fae creditor ® o™
4,000.00.
pooe112
108.
108
110.
1m,
ig offce. Although P paid jy
4 te to him a ticket. Along uy
‘a slight injury to Pang
to recover damages from the py
he See cme il is: us,
b
co kW
© Panna recover any amount because NO ticket was
issued.
ne ofthe folowing obligations is void. Which is it?
aD to give C P50,000.00 if C does not run 100. miles
without stopping.
b._Dlaghe CP5000000 when D has the means.
¢ —_ Diogive C P50,000.00 if B buys a brand-new car
qd Dito give C PSL ri
beave 50,000.00 if C runs for barangay chairman
Which ofthe flow tee
demandabi stone? ts 8 @ pure ‘obligation and.is
a DtoallowC to ?
Dio alow Cree eo ntl December 31, 2011.
pony Use D's car until C finishes his course in
give C hi : =
‘ive the cay C2" NO Mention is made when’D. shall
Dio
Ne C a carifC finishes his
Course in Accounting
The loan gg, D obtained
secured py aed @ loan of P:
Payable on Decor d,0? & chattel 100,000.00 from C.
Seva aken apg 2, Gorge on D's cas and is
Pak teagan fo While heat 28, 2010 the
lent ing its engine
% ther security
Payment? gfOMeVer, C may not
nee fault of He, the loss of the
Security,» , moreover, is not
412.
113.
114,
145,
d.
D's loan of
gation is
Mortgage since onguished
a the loss ofthe car was aout te feat
A and B are the owne
8 of adj
One day, B Jacent pout
that B pa oot ek and failed to visit his ae Re, forma
tn cave often lt et ny ere
el
and poultry pens. A did this for ne sexe twee mend
returned. A incurred necessa next three days u
rand useful expen:
to P5,000.00 in the process. . Under the Gememnces 5
oblige
peed nema A for such expenses which the latter
contract
solutio inde
rnegotiorum gest.
quasi-delict.
pose
fh XYZ Bank in the amount of
draw anytime from the bank. He
ion to XYZ bank amounting to 20,000.00
Which has become due, -D wants to withdraw his savings
deposit but XYZ Bank informs D that it has ciaimed
compensation of D's deposit and his loan obligation. —
&. Both D and XYZ Bank may claim compensation
B. Neither D nor XYZ Bank may claim compensation.
c. Only D may claim ar oppose compensation
Only XYZ Bank may claim or OPPOSE ‘compensation.
ing ig an indivisible obligation? |
0 3 rendtion tonight of Handel's “Messiah” in @
Theater.
b, TK cata eee suring 2 meters wide and
0
te ba js ina tax seminar.
4 4 ee % an saineton ‘oF P100,000.00 in 10. equal
© pa
D has a savings deposi
20,000.00 which D
Which of the
a. To.give
a.toan of SOOM 7 ‘written contract of the
interest of 12% per
the interest at the
‘office. On due date,
Devera. obtained wal
engaged in the DUS? oan shall bea
parties provides that
‘annum and shall pe Pe
end of 12 months 2!
|
\
LEE ELE EES =
ns114
116.
117.
118.
vc pusiness Office to pay his debt
ded ae usrowed no signs that it hag
‘eves proces nadlocked AN" org is now at lOSS On What
sent address to him,
‘standing obligation at the
1 Which course of
0 rom C. The parties agreed at the time
desire, he ma
r constituted that should D so ;
Oe eau! land to C by way of dacion en pago to pay
Fi ioan obligation on due date. The obligation of D to Cis:
‘a aconjunctve obligation.
D borowed P100,000.
_analtemative obligation
4. afacuitatve obligation
‘One of the distinctions between a facultative obligation and an
alternative obligation is thet in an alternative obligation
Only one ting is principally due.
b. The right of choice belongs to the debtor alone.
© Ifthe obligation to give a principal thing
a, Phigaton to give the substitute is also voi |
fall prestations except on ae
ea
possble must si be gore = mmpossibles that which is
void, the
convicted, ‘sie fos D Was arrested, tried in court and
also ordered by the co mn 12 Sentenced to a prison term, D was
Cri edteeb nce” Me Carabac. However, the
a oC.
Dis able to «.
& Dis liable ty 3
4 Mecarabag.
D has no a
death of theo;
Whe
tever may be the cause of death of
iytoe -
Baan gene SF May be the cause of the
$¢ his obligation to return the
119,
120.
21
De
soap which he mixed with cha" © C 10 bags of detergent
lk.
a The contract enterey t
re it
because of he necro Deen D and Cis vodabe
b. The contracts valid, Tre mete
affect the val aud employes by D does nt
ane niract but D is obliged to pay
c The contract is void because
of the fraud
' inthe performance of ns obigaion ie
\e contract is rescissile beca i
aiffered by @ use of the damages
D obtained a loan from C in the amount of P50,000.00. Unable
to give cash on due date in payment of his loan obligation. D
proposed to C that he would be giving instead his diamond rng
to settle his debt C agreed and accepted the ring from D. The
new agreement between D and C involved both:
a Novation and application of payment.
b Novation and dacion en pago.
c ‘Compensation and payment by cession
4 Confusion and tender of payment
red into a contract whereby Salas
rwuine Rolex wristwatches to
ssamin that should Salas deliver
x wristwatches by reason of
in would not sue him for
Bersamin accepted the
red 5 pieces of fake Rolex
a Sate vet ‘of the fraud, Bersamin sues
Upon distr tends that he cannot be held liable
as conte waived his right to hold him
er ted if the reason thereof is the
Salas and Bersamin ente
would deliver 5 pieces of ge
Bersamin, Salas proposed to Bers
5 units of fake pieces of Role
‘on his part, Bersami
financial aificulies 0” Ms Pot
deliver
damages on the (0
Proposal. On
wristwatches.
Salas for damages: $2!
or because
Tor damages BECAUSE
of Salas.
(Salas) liable on
financial difficulties
a. + Bersamin
the
y damages: because
i (e “financial difficulties of
json for the waiver
a ER ISR PI LO OAS SP I ESfor the annulment of the
‘Salas
in, CA" ig yoidable- be
Bersarnil. itis void , damages BECAUSE the
sue Sales Nonetheless, the contract jg
is voic
fn 2,000.00 per box from
20,000.00. While
to his store, B
ods after ther delivery 0 ;
ogre 900 ae ing. Upon being informed, §
ne box wer promised 10 refund the price of
He ys as there was no more stock of "x
te val ime, B ordered and received from S
shits aval. ns en was also worth P2,000.00 promising
ne box of Sibi tee days. On the third day, assuming
toa ol yetefunded the rice ofthe undelivered "X" sh
be B need not pay S the price. of *Y” shirts by claiming:
2 cansigaion.
b
. __condonation
4
The folowing are obligations with a term or period, except
@ Dito give C P50,000.00 on December 1, 2011
b. Dio ive C P50,000.00 on Christmas day next year
© Diogive C P50,000.00 upon the death of C’s father.
a Dio give C P50,000.00 if C's father dies within 2 years
A and © are lable in solidum to X for 12,000.00, X
renou
ree She share of A who accepted it. Later, B becomes
8 Xcan collet fom ¢
b 8,000.00
c. ted Colect fom C Pa,000.00
* ar colectrting om
spew
“ities of “Borden
ren suit at the price of
P€.500,09 nef ivered to Ace 6 units of
Per unit. a, which was priced at
ce that the latter
126
‘27,
128,
for the "Remington \
to accept the — ‘Ypewriters '
“ at Pf
2 Cental can eam IPE 8,000.00 only. Ace refused
typewriters gi
in
b. Cental cna bel seats
‘emington"
quaity, PEs at
c, Central cay
typewriters singe ee 2 $0 accept the *Remington®
“Borden” typewriters,» °SUEd to pay only the price of
the accept the
though they are of superior
Prime . Engineering Review Center (PERC) stated in the I
it cistribues last ansarytht ony reveuee who fans Ra
the licensure examinations for engineers this year will receive a
cash prize of P150,000.00
a. The obligation of PERC is subject to 2 suspensive
condition :
b. The “obligation of PERC is subject to a resolutory
condition.
The obligation of PERC is a pure obligation.
igation of PERC is an obl
suspensive period.
Three of the following statements pertain to natural obligation.
‘Which one does not?
ir it of ice.
Wis notenforeableinacout ots *
with a
©
d.
b ss by reason
tion exist
é i pororned voluntarily, recovery can no, longer be
fe.
a. heres jcal necessity t0 perform it
in Davao, while C has @ grail
D has a rans aD eooved 10S acta
Peete nr DSC on fon Dre
ne z also wor ys ‘due:
10 sacks of ee Ga ela be
customer in pa DNA ‘amount to 1,000.00,
Transport cost
‘Cebu amount to pg00.00.128.
131,
ch other since their debys
other. i .
‘compensated each each other since their det
D and © need 01 Pl except forthe delivery ‘tiene
which C must pay 10 D in the amount of P200.99
{P%,000 00 less P800.00)
Compensation cannot take
payable at different places.
4 D’must pay C 10,800.00, while C must pay 5
41,000.00.
owes © P20,000.00 due on March 25. C, on the other hand,
‘owes D the following debts: P8,000.00 due on March 4)
3,000.00 due on March 8, 5,000.00 dué on March 14, and
'P2,000.00 due on March 24. On March 18, C assigned his
credit right oe without informing D who learned of the
assignment on March 20. On March 2
ssomarton 5, T may collect from D
b 2,000.00.
helena the assignment made by was without
D owes C 20,000.00 at
aes he folowing ion March 18. C, on the other hand,
om Oe ts: 8,000.00 due
Maen oh Mae 8, 5,000.09 due on Marth 14-7 Or
1 giving his, cea is right to T with notice to D but with D
collect fem b: to the assignment, On March 15, T can
lace because the det
: pi bts are
caus th
the consent ofp,” “88'9Nment made by C was without
On Decem
ber 4,
Colege, engage (e008 Mi
Glas 0 cahB°d the Servcos gps. & profes
on Decemnc 2 Launain panto Transport fi bees er
Mornin 30, 2009, 1@ for the
The cota ‘ould start aa Da. celebration
= Tora Shoo by the par O'clock in the
Prem ri
‘ei ® mises, mies SPecifie
led to send a oe 20am eocoek in henae ord
{he date, time and puerto Transport
agreed upon.
132
133,
As a result, Miss
Santo:
celebration. Ms. Santos ¢,2%4 her ct
on the ground of delay ued Lepante ie contrat the
lamages
its defense, © Perform:
because Miss Son seen chimes ne i
a. There was no day nae demand." SHY
ek
any demand, "Y Pause Miss Santos did not make
b. Lepanto Transport wa
required.
©. Miss
anther coer hae obtained the services of
rae bus of Lepanto Transport did
4. Miss Santos should have reminded Lepanto Transport
from time to time before the
aa 1e due date of its obligation to
S in delay since demand was not
Leveriza, the owner of an apartment, leased the premis
Toribio. The terms of the lease provide for a monthly rental of
6,000.00. which shall be paid by Toribio at the residence of
Leveriza about two blocks from the apartment. For the month of
December, Toribio went to the resience of Leveriza but the
latter was not around to receive the payment. Not wanting to go
back, Toribio left the payment with Nograles, a neighbor of
Leveriza, who promised to give the payment to Leveriza
However, Nograles spent the amount he received for himself.
Based on the foregoing facts, which of the following statements
is incorrect?
a The payment by Tort to Nograles is val
is a neighbor of Leveriza
b, the syment by Toribio is not valid because Nograles
was not authorized to receive the et ae
c. Leveriza can demand payment from To
December rental.
d Toribio can go after No:
by Nograles.
since the
grales for the amount misspent
(0; Y, P30,00
D owes the folowing folios ass al
tis creditors
properties (exces The creditors acct ba of an
of hie ties for
's prope’ nts is
fe S st a Ce Sich of ing. stateme
e foreg ,
incorrect?od of by D is paym,
mode of payment valle rent
‘The special mode
2 pon nt 100,000.00 even
is released oi
i itereis mo stun iabity only'to the extent of
rs De een be sence of any stipulation giving him
slates did not become the owners of Dy
6 Mees atthe time of ther assignment
‘ mised to give a specific house and lot to
* Si des he a eraineion On September 24, 2009, ¢
took the Bar Examination. The result of the Bar Examination
‘which C took.was released on March 26, 2010 arid C passed it,
shall be ented to the house and lot:
onMay 31,2009
‘on September 24, 2009,
‘on March 26, 2010.
when he receives his rating.
sere
tems 135, 136 and 137.are based on the follwing information:
‘and B are indebted to X and Y for 10,000.00. A and B share in
ir it
ante and Y share in the credit in
while the creditors
a eats ae joint creators?
b P2,500.00,
§ 4,000.00,
4 PA00.00,
136.
tow much may X collect ftom A ifthe debtors are joint debtors,
138.
139.
144,
A, Band a
in the amount
without the con
renunciation,
a.
b.
c.
d.
A,
x
a
b.
c.
B and C are solidary debt
tors
Fenounces the share of A a A
Thereafter, B becom:
124
He Solidary
M of P2709 go"8 OK, ¥ and 2
'sent of Mal ‘enounces the whol cee on
Tew 2 The debtors accepted the
Obligati
Only Po09,09 2 on engushed
No part of the obigasor 2
the creditors conse" extinguished because not all
Only P300.00 is mere renunciation,
the amount of 3,000.00.
‘A accepts the renunciation,
mes insolvent,
C alone will shoulder the
A ill shoulder P500.0
C will shoulder only of P1,000.00 A
onger shoulder any amount since his share was already
renounced by X.
A will. shoulder P1,000.00, while C will shoulder
1,000.00, forthe remaining balance of P2,000.00.
‘A, B and C are obliged to deliver a specific horse to X, Y and Z
a.
b,
©
a.
r
(© was cleaning the 9 n dit
piece of broken glass fel dow
Which was parked De ia be ma
around. Sensing that
‘A demand made by X against A, B and C is a valid
demand against all the debtors.
fa demand made by XY and Z against A is 2 valid
inst
fone jdarrand is made against al the debtors but
rnnot comply with his part of the obligation,
nis converted into a monetary obligation to
plus damages.
their obligation because C is
bee liable for C's share of the
the
pay the value of the horse
If the debtors defat
insolvent, A and ®
obligation.
his building when a large
oealy hitting the roof of @ car
‘owner of the car, was not
ie liable for the damage
ned the mess. O,
ed, proposed to
lass wind
, the
Wy went down and cle
on the car, © immed od al that SPR sp a court
" ad
seeing that Whe
give W P2,000.00 reed tothe proposal and a
<
ap that W would TO ed the money
case is filed: W 29142.
143.
144,
146,
cing facts, wien of te {ONOWING Slatemens
4 on quasi-delict
base + di
and W is binding on both o,
urt despite the agreement.
Way tesiy in oot O and Wis voi.
“The agreement between
a pand Cae soiary debtors oF 2nd Y for P30,000.00, joint
creditors. 00 from either A, B
jlect 30,000 or ¢
. Threat, he must give to Y P15,000.00 representing
the share of Y.
collect P30,000.00 from the debtors but not more
5 may9.00000 from each of them. Thereafter. he
must give to Y P18,000.00 representing the share of Y.
c —_X may collect P15,000.00 from either A, B or C.
‘Thereafter, he is not obligated to give any amount to Y.
4. X may collect P15,000.00 from the debtors but not more
than P5,000.00 from each of them. Thereafter, he is not
obligated to give any amount to Y.
‘Sa supplier of fresh fish from Lucena City, hiréd-T, the owner of
a trucking company, for a fee of P3,000.00 to bring the fish
Catch of Sto the Dampa Market in Paranaque City which
ordered the fish for a price of P20,000.00. In. so far as Sis
Concerned, his prestation in his contract with T is:
@ __thesale of he fish,
: the: ‘transport of the fish.
‘ the payment of 3,000.00.
the payment of 20,000.00.
Refer tc
7. Me Preceding number.” In the contract between S and
a
b s ‘ . Obligor and T is the obligee.
‘ Bohs ane and T is the obj jor.
ai
Thebans gt Stirs and obligees of each other.
D Ati 's the obligee of both S and T.
8 loar
le cate hen 22.00.00 from C. Not having any cast
tng, gp 2°28, at Cs er him to demand payment, -D offered
* 88 Parcel of tang: either D's necklace, diamom
nd
* all of which D showed to C. ©
146.
147.
148,
fo dociyat ©, Proposal, by
to decide which iter Su fequested
however, armeg 2! take. Beat he be given one week
i eN orci le week was over,
_Fing from D’s house, DY took the necklace and diameed
a. D's obligation b
Seame a simple obigation to deliver the
4 Bereonal Novation, :
7 sol
Pato 00006 to {2 ive the parcel of land or
The following are characteris
except:
a. Only one thing is Principally due.
b. The right of choice cannot be given to the creditor.
©. The debtor must give the substitute in case the principal
ing is lost due to the debtor's fault before substitution.
d. If the principal is void, the debtor is not obliged to give
the substitute.
istics of @ facultative obligation,
D owes C the following debts: P5,000.00 due oh January 1;
7,000.00 on January 5; P8,000.00 due on January 10;
10,000.00 due on January 15; and P5,000.00 due on January
20. By agreemént of the parties, D was given the benefit of the
period. As of January 17, D has not paid any of the debts. He
has P5,000.00 which he wants eins ccae
ily the payment to:
D Ty ween the payment to any of the four debts that
47.
have become due as of January
c. D may apply the payment either to the debt due on
: nuary 1 or January
6. Eo may_ apply the payment ony ©
January 1
the debt due on
sume that D did not designate
pply._ In this case:
1@ five debts.
the four debts that
umber ASS
Refer to the preceding Me al a
the debt He Eins Pepayment to any oft
a.
of
vayment to any of
b. C may app te fot Janay 17424
149.
181.
t either to the debt due
the paymer” since the amount of th.
may ap0lY 0 only sinc Int Of th
c Jan he mount ofeach debt,
- rat ise at nt to the debt due on January 4
cma
: only. il riot also des
creditor did not also designate the
Asie ed apply. In such a case:
yy be applied proportionately to the five
fer to No.147.
be ‘to which the Pa)
‘a Payment shall
b. Payments shall be applied proportionately to the four
debis that have become due as of January 17.
Payment shall be applied only to the debt due on
‘January 1 since itis the first debt that has become due,
4. Payment shall be applied proportionately to the debt due
on January 1 and January 20 since the amount of each
debtis of the same amount as the payment.
‘
Decion en:pago and payment by cession are special forms of
payment. They are similar in which of the following respects?
2 Onthe number of creditors involved.
b. _Onthe-extent of the properties involved in the payment.
stipaton brs release completely rom, his
Dis indebted to
Payment amount
'62,000.00. On due date, D tendered
52,000.00 which consisted of the
000.00 bills for .00;
‘and 250 ills for a total of P47,000.
refuses ee oF P20.0 Bi
for a total of P5,000.00. ©
nd demanded that D make his
bull according to him, the P20.
D ma ere otwenient for him to carry, ‘
b 62*ptthe paymene PSvMENt since the refusal by:C 19
i reason for ropa Mtlustied
2 debtor mu;
| Rotating to th ist make his payment
D may makes Shes of
ake his creditor.
20cept the pa° P@VMent in check,
1 cto
Convenient gr met Since ie gad ene : most
152.
153.
155,
Itis m
b. The
: e anys entitled tos
: ee a the new debter the
~<-.P14,000.00.
q
Nothing. a
D the followin
‘on June 20. C owes te
pebls:, P'16.000.00 og, and 3.0000 due on June 18, 09
P6,000.00 due on ne htt X. C mice
June 17, C a mk ive his consent there!
assignment but
X may collect from D:
a. © p30,000.00
b. 5,000.00
© 2,000.00
4 fone: the sarne teas ercert ify D about
7 Asse yet XC that D
Refer to No. 208: ent ois 20 ent to D to cole ts
mse on on aes ese Xe
It wa
learned of the.assig™se ae eee Ne A ANS RN
142
210.
an
212,
The obligation ot
Be
2
D proposed to C that T
the proposal of D. This
n of the debtor is
D owes C P:
will assume
type of novation wh
known as:
a. Delegacion.
b. ——_ Expromision.
Objective novation.
4. Subrogation.
‘Assume the facts in No. 210. Assume also that on due date, T
‘could not pay because of his insolvency which was in f
subsisting but was not known to D or of public knowledge at the
time that he delegated his debt. In this case -
@ C can revive D's debt because T's insolvency was,
already existing at the time that D delegat
bean revive D's debt wh
Of T's insolvency since he (D) proposed the sub
© C cannot hold D liable because his (O's) obligatt
extinguished when he was substituted by T
4. The novation is void because D did rot
take steps to
Ser™"® the solvency of T when he (D) delegated his
Dis obliged to del 5
The day beforethe a. sPetic hese to C for entry in the derby.
tight front leg. While fons goat O delivery, the horse broke its
a The Ould still walk, it could no longar
2Bigton deter eld no fonger run
b.
feli
Thee hose cou ety? oe is not extinguished
Dis n
Stor tom ther sou aNished because he can
213.
214
216.
216,
217.
2g,
142
y C P19,
obliged to pay D Pro,000 9 o Shot before June 30. Cis
compensation on June 159 ‘une 15. Who may claim
a. Donly.
b Conly
c Either D orc.
d Neither D nor c.
D is obliged to pay C P10,000,09
obliged to pay D P10,000. ‘on or before June 15. C is
00
compensation on June 157°" une 30. Who may claim
a Donly.
bp Conly,
c Either Dor.
a. Neither D nor C.
A, 17 years old, B, 25, and C, 30, joint
from X. How much may X collect from B?
a P6,000.00.
b. _P4,000.00
00.00
‘ Neth. because A wes @ minor at the time the
obligation was constituted.
facts e»
Refer to No. 215. Assume the same
debtors are bound solidariy. How much may X collect
a 6,000.00.
b. 4,000.00.
6 2,000.00 ,
4. jothing, because ® = 2
obligation was est
minor at the time the
gosnX On dve dale
Bon tent Hom B
uch may %
A,B and C joi
was insolvent. How m
3,000.00.
b. 2,000.00
c P1,500.00.
d 1,000.00:
yme the
Refer to No..217. aed
debtors are soliarily
a 3,000.00:
b. 2,000.00.
2¢ _P1,800,00,
4 -P1,000.00
liable to X in the amount of P12,00¢, or
2a demanded payment from A but A refuseg .
pay. How much may X cotect rom 8?
By: "12,000.00 plus damages for delay
b. 8,000.00 plus damages for delay.
©. P4.000,00 plus damages for delay.
d. 4,000.00 without any damages.
220. Refer to No. 219. Assume the same facts except that A, 8 and
are solidly liable to X in the amount of 12,006.00. On due
dale, X demanded payment from A but A refused to pay. How
much may X collet from B?
a, P12,000.00 plus damages for detay
b. _ P8,000.00 plus damages for lay.
© 4,000.00 plus damages for delay.
4, 4,000.00 without any damages
f
must reimb
5 SasentotD, use C although C acted without .the
D is not required
without Ds consent. reimburse C because C acted
D must reimt
«
iburse C because
een D and aus there was. an implied
223.
224,
25,
145
D must give a
in
c NE 8 pay camzges a t= option of
Orlando brought his
Orlando made sever Goren meet
but Remigio did not under
returned the typewriter oe."
missing.
|. Orlando can have the
tepair shop with the rey
Remigio.
Orlando can compe! Remi
igio to undertake the repai
Orlando can ask for ‘camages for the missing pats ofthe
typewriter at the expense of Rr
Remig.o for repair
ie {298 wo to be one
" ve , Remi
ewriler, unrepaired and with several parts
typewriter repaired by another
Pair cost thereof chargeable to
Which of the above remedies may be availed of by Orlando?
a.
b.
©.
4.
Allofl, Hand
D obtained a loan of P30,000.00 from C with G as guarantor. C,
‘on the other hand, owes G P30,000.00. Both debis are due.
| If C sues D, D may successful put up the siches of
‘compensation because © owes G, D’s guarantor.
D may not put up the defense of
W HC sues D, D may 00! BG
dC sues G, G can put uP
C owes him 30,000.00.
'g debt to G are extinguished by
compensation because C
Both D's debt toc and C
legal compensation.
tne foregoing statements:
In your evaluation of
a Land iilare tue.
b, Wand IV are tue
©. Vand IV are tue.
ii are true.
4. land able at once, except
an
3 are = jon antecedent‘an oblgtion with a conalton not to do an impossible
thing,
o rowing statements are presented to you:
7 Itmay or may not happen.
italways refers to the future.
it may refer to a past event unknown to the parties.
it marly fixes the time for the efficaciousness of an
obligation.
In your evaluation ofthe foregoing statements:
a. andl refer to period
b. nd Il refer to-condition.
¢ and IV refer to condition.
4 and IV refer to period
22r. The cer has 3 ght othe fs of he hing rom the time:
2. thething anit ts nave actualy been delivered,
& the obligation to deliver te thing arises
e
the payment of he pce of the thing and its fruits has
228. One of the followin,
suspensive eect Wining oetgation with a period with a
ar pie
give you
ning Vanvary tote as meni -28.eapbort
“Iwill give you P5,000.0
«Mish yourlaw course” 0 per month as support until you
give you P5,000.0
a Phyeical xaninater ey month for your medicines if
ee give you P5,000.00 Says you are sick.”
= able to find were» oe Pe" Month as support until you
230,
231.
232.
233,
234
an alternative o
a facultative obliga”
a conjunctive obligan
Refer to No. 229. As,
1. Object 1 and Obj
the followin,
ject 2 are =
In your evaluation of
‘extinguished in the foregoing statements, D's obligation is
a both land
b. neither | nor
ce lonly
a Wonly
D owes C 20,000.00 with G as guarantor, C, on the other
hand, owes D, P15,000.00. Botn debts are already due but O is
insolvent. “In this case ~
a C may collect from G P20,000.00. '
b. may collect from G 5,000.00 because a guarantor
an set up compensation 2s regards what the creditor
may owe the principal debtor
c may collect nothing from G because D's insolvent
d C may col ct P15,000.00 from G.
itor all the
It transfers to the person taking the eT i aoe foe
third persons, be they guarantor
a
b. ‘Subrogi
c. Transfiguration.
4. Transformation
sented to you: a
These statements 2" oat Sn obligation oa pais in
| A stipulation tT hipore ig egal
‘currency ot! ae exis 25 9008 28
A cashiers
tender. :
, g statements
“ foregoins238.
236,
237,
238.
Both statements are cai
Both statements are false.
Only Statement| is true.
Only Statement I! is true.
ditors and/or tw.
ce of two oF more cre Or Wo of
rome and the same obligation, the obligation ig
there is @ CO
‘more debtors a
med 10
prs rdvidual and collective.
b—solidary.
cc. _jointand several
dint,
A, Band C are joint debtors of W, X, Y and Z, joint creditors, in
the amount of P24,000.00. In this case, W,can demand:
@ 8,000.00 from A, P8,000.00 from B, and P8,000.00
from C.
b. 24,000.00 from either A, Bor C.
© 2,000.00 from A, P2,000,00 from B, and P2,000.00
from.
6,000.00 from either A, B or
A, B and C are solidary d
Pano, 6,2 selday debiors of X int
a
b.
c
a.
amount of
Insolvent, how much may X collect from B?.
20,000.00,
P45.000.00,
AB and c
80,000.00. Ate Solidary debtors of x
was constituted,
60,000.00,
b.
cP,
& - P20,000.00,
“onita paid 20,000.00.
‘Sresa_ paid Carmina
Owed the amount of
240.
241.
242.
149
a Teresa can g
Donita cannot m2"4 P200,009,
on the ft PY: Teresa can ton and if
b. Teresa e mortgage
because spent, claim Teimbursement fo
° Teresa can na without Donta’s Known en
der ita’
Donita cannot pay 180.000 00 from cone if
Mortgage on the jt”' Te"8S2 cannot’ forecioss, "the
Carmina if Donita ref mount of 200,000.00 from
uses to reimburse Teresa
D borrowed P50,000.00 from, Cc.
000. Not having sufficient cash
pay ihe debt, D proposed to Pay the debt by giving his ed
fing. (C accepted the proposal and received ihe ing
a D's obligation is extinguished by payment by cession,
'on is extinguished by consignation.
: ion is extinguished by dacion en pago.
D's obligation is not extinguished at all because the
Payment should have been in cash,
aos
Legal compensation will not take place it
a. the debts have different due dates.
b. the debts are payable at diferent places.
° there is a controversy or retention involving one of the
debts. commenced by third persons and communicated
in due time to the debtor.
a both debts consist in a sum of money.
following debts: P3,000.00 due on July 1,
Ps0G8 00 due on dy 6, P200000 due on dy 8, ard
2100.00 due on July 25.1 day is uy 22 and, D gies
-P 2,000.00 to C but nther-he nor C indicates He Sete
the payment shal ar. Peaster ern
a. The debt due ony 128
b. 2 debts
in partial
‘July 15 in full payment,
ments made.
c, To the debis de or a
proportionate at i
ively. jonately it
a ePeae debs operon
‘uy 6 and July 15
0.00, and P40000,
the ratio of 5:2:2.243,
244,
245,
246.
/ obiigation? .
ic eno MFG does not fy to the moon
1 aiveC P50;
© P50,000.00 if D wi
yet bought the sweePs
© P50.000.00 it marries
C P50.000.00 if. marries
¢ oom
4 ‘Diogve
mC. ‘The debt is payable after 6
: Svea rae Wa chattel’ mortgage on D's growing
ment due date, the crops Were completely
destroyed by Typhoon *Ondoy.”
. i Ds oblgaton to pay the loan is éxtinguished,
b. _ C may now demand immediats payment of the loan
unless D furnishes another security.
cc. _C must wait for the due date before hé.can demand
payment because the loss of the s@eurity iS, without the
faultof D. :
4. Both the loan obligation and the chattél mortgage are
extinguished due to fortuitous event. *
M obtained a loan of P50,000.00 from P,, The-loarj 1s evidenced
by promissory note executed by M with G signing as a guarantor
ofthe debt. P assigns the note to A, Ato BB t
Ato B, Bto C.,and C to,G.
The assignment ofthe note to G extinguished, © #'* ‘
bboth the loan and th
. ‘only the loan. para f
only the guaranty. a"
4. Neither th ¥ it ie
credior © O20" the guaranty with G now as the new
M makes an :
100,000.00 a ‘eating promissory note amdunting to
promis 1) note conten the order of P. The back of the
OB. BIOC, and Cio Wen lowing indorsements: —P to A, A
eee In possession of the note
amounton ty to collect but he finds R
in He gote based on a power
his favor by C.-M is now
6. Fay to R because a,
Of the personaly of ¢."® 28M of C, hej
‘ Go to on Hy ofc, » he is an extension
nd
Consignation, “SPOS the payment. by way of
d. ——_JUSt ignore the two,
Conflicting claims,
Its not your fault that they have
247. When the debtor binds himseit
means:
4 The obligation is void b:
0 cause pal is
Oo) upon acondton ats poets const
'€ obligation is valid; but the
ask the court to fix the Cotelnamencl te
} period for the payment of the
{0 pay as soon as he has the
Obligation.
c The obligation is void because there is no meeting of
minds between the parties as to an essential element
thereof.
4 ‘The obligation is suspended until the debtor has the
means to pay his debt.
248. The obligation of a school to provide its students a safe and
secure environment and an atmosphere conducing to learning is
an obligation arising from
(SD, na
c quasi-contract
d. quasi-delict..
ented 0 yOu! A
ip obligations not to do.
od to the debtor, never to the
jing statements:
In your evaluation of the forego sta
Both statements 2
Both statement Ove
© Only Statement] 6
Only Statement
ected OF
2 oe
The principle of 12
a ihen the, PO
abandonedperson of the principal debtor or
of guaranty.
joney and another debt which
ing are extinguished by legay
thi
unable jave the same amount ang
as both debts h
sts in a cons
ensation as long
ready de. et in money exceeding PS,000.00 to be
ndonation of
equites thatthe condo
rument F
issn of the principal obligation carries with it the
jon ofthe accessory obligation.
sion which takes piace in the person of the guarantor
jishes the principal obligation A
ies may agree upon the compensation of ‘debts that are
ue.
-ompensation takes place by operation of law even if the
re payable at different places.
nsation cannot be set up against. a creditor who has
Support by gratuitous title, .
n may take place by changi it
notte cba by changing the object or principal
d obligation: is voi i
cat's a : Void, the novation will still be valid if the
W obligation is voi
°s intended that
ent,
ynation and the acceptance must be
i, the original one shi
the old obligation sh;
onal subrogation
ie third person Ta"eS the consent of the original
Principal obligation
d, bigation is extinguished as a consequence
cess © extinguished except if they
subsist, unless
be extinguished
TesTI- MULTIPLE CHOICE
36.
37.
38.
39.
D
D
A
B
Cc
A
Cc
Cc
c
D
D
D
A
B
D
B
Cc
D
c
D
D
A
A
c
Cc
B
A
B
A
D
B
D
A
c
c
40.
41.
42.
43,
44,
45.
46.
47.
48.
49
50
51
52.
53
54,
55.
56.
57
58.
59,
60.
61
62.
63,
64.
65.
66.
67.
68.
69.
a
S
FOOPFRO> DOS DOTS > DOOD TO> FOR ODOx.OWO>ON
71.
72,
73.
74,
75.
76,
77.
78.
79,
80.
81
82.
83.
86.
86.
87.
88.
89.
90,
91
92.
93.
94.
95.
97.
98.
99.
100:
101.
102.
103.
104.
105.
BDFVNVDIONO FS OVBDOS>HOBMOOO DF OUDHOWOS00>0
106.
107.
108.
109,
110,
111.
112.
113,
114,
115.
116.
117,
118.
119.
120,
121
122.
123,
124.
125.
126.
127.
128.
129.
130.
131,
132.
133.
134.
135.
136.
137.
138.
139.
140.
OVBFODOSF MF VDDOBDOSY HS OWDNADBOICIVOY> SOWOOS DO
epee aspen nae aRaR ATE
er
pS eS SS eae amg aE eS141.
142.
143.
144,
145.
147.
148,
149.
150.
151,
152,
153.
154.
155.
156.
157.
158.
159,
160.
161,
162.
163.
164,
165.
166.
167.
168.
169,
170.
2200090%0>0BB0>00>>00B00>000m
>
171.
172.
173.
174.
175.
176.
177.
178.
179.
180.
181.
182.
183.
184,
185.
186.
187.
188.
189.
190.
191,
192.
193.
194,
195.
197,
198,
199,
200.
201.
202.
203.
204.
205.
206,
207.
208.
209.
210.
211.
212.
213.
214.
215.
216.
217.
218.
219.
220.
221.
222.
223.
224,
225.
226.
227.
228.
229,
230,
FF OFOBOU>BOSOBSO>0>400
FPUDLOWwrgor
KOVPOOBBOGOOB>OOBBDO
TEST Ill- TRUE oR FALSE
AROEDIPSLP-NOmaana
PALS Srl PLP NS Be
FALSE
TRUE
TRUE
TRUE
FALSE
“FALSE
TRUE
FALSE
FALSE
FALSE
FALSE
TRUE
FALSE
TRUE
FALSE
16,
17,
18,
19.
20
21
22.
23,
24,
25.
26.
27.
28.
29.
30.
FALSE
TRUE
TRUE
TRUE
TRUE
TRUE
TRUE
FALSE
TRUE
FALSE
FALSE
FALSE
TRUE
FALSE
FALSE
4.
32,
33,
34,
%,
%,
37.
38.
39,
40.
4
42.
43.
44,
45.
TR
FAl
TR
FAL
FAL
TRL
TRU
TRU