Midterms Flashcards

Question

In an obligation with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interest.

Answer 1

FALSE. This is the general rule. It is false because there are exceptions, 1. where the penalty will not substitute the indemnity is when there is a stipulation and 2.If there is fraud

Answer 2

FALSE. Because the obligation could be joint. If there is a joint obligation it would not necessarily increase the liability of his co-debtors. This statement only applies if the obligation is solidary.

Answer 3

FALSE. Because it is presumed to be for the benefit of the debtor and the creditor.

Answer 4

FALSE. It will be void if the condition will depend upon the sole will of the debtor and not the creditor.

Answer 5

FALSE. In conjunctive obligation the debtor has to perform all given to the creditor.

Answer 6

30,000 Article 1207. The concurrence of two or more creditors or of two or more debtors in one and the same obligation does not imply that each one of the former has a right to demand, or that each one of the latter is bound to render, entire compliance with the prestation. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity. 1208 - If from the law, or the nature or the wording of the obligations to which of the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many equal shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits.

Answer 7

Because the period is for the benefit of the debtor and creditor X can refused A’s payment before June 30, 1999 – because the law presumes that the period is for the benefit of both the debtor the creditor, and in this case we can see that the period allows the debtor to raise money to pay the obligation while the creditor has interest.

Answer 8

C. B shall be liable for 50K with damages and C should be liable for 50k without damages – the law provides that each debtor will be liable for each share but the one who was at fault will be liable for damages) Query: What is the answer if this problem is a solidary obligation – letter D daw! Hihi) Query: How did you know that the obligation in this problem is indivisible? A: Art. 1225 - For the purposes of the preceding articles, obligations to give definite things and those which are not susceptible of partial performance shall be deemed to be indivisible.

Answer 9

Facultative obligation

Answer 10

E. (None of the above - because an alternative obligation will become a simple obligation once the choice is communicated to the other part.)

Answer 11

One in which each of the debtors is liable only for the proportionate part of debt and each creditor is entitled only for a proportionate part of the credit.

Answer 12

D. Neither X and Y can collect from B (1220) Query: Why not letter A. A: answer is not mere extinguishment kasi pwede namang na extinguish pero ang isang co-debtor will have an obligation to reimburse the other debtor. For example, if he paid, kaya na extinguish. Kaya walang obligation si B to pay A is because of the mode of extinguishment involve which is remission. It is expressly provided that if the obligation was extinguished by remission in favor of a debtor, that debtor in whose favor the obligation was remitted will have no right to seek reimbursement

Answer 13

The time the obligation to deliver the thing arises

Answer 14

D. Both A and B. i. In conjunctive obligations, there is no issue regarding prestations must be delivered for extinguishment. ii. In facultative obligations, there is no issue regarding choice because the debtor’s right of choice is absolute.

Answer 15

C’s right to demand the value of any of the objects plus damages. Query: The problem is about what? A: Alternative obligation and all the prestation became impossible to perform due to the fault of the debtor before the choice is communicated to the other party. Query: Why not D? A: Under the facts C has the right to choose

Answer 16

TRUE. Consent is only an essential element in contracts. Other sources of obligations do not require consent.

Answer 17

TRUE. A thing may also be determinate if it is particularly segregated. Article 1460. A thing is determinate when it is particularly designated or physically segregated from all others of the same class.

Answer 18

FALSE. In case of a resolutory period the obligation arises at the time of the constitution of the obligation and is extinguished upon the arrival of the period or term. Explanation: Article 1193. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain... In obligations with a suspensive term, the period only determines the demandability of the obligation. It does not give rise to the obligation. The problem even uses “term” which can either be suspensive or a resolutory.

Answer 19

TRUE. Article 2175

Answer 20

FALSE. The statement is false because there is an exception. Article 1226 states that “In obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interests in case of noncompliance, if there is no stipulation to the contrary...”

Answer 21

FALSE. The defense is partial only in case of solidary obligation. Art. 1222

Answer 22

TRUE. Articles 1193 and 1181. 1193 - Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain. A day certain is understood to be that which must necessarily come, although it may not be known when. If the uncertainty consists in whether the day will come or not, the obligation is conditional, and it shall be regulated by the rules of the preceding Section. 1181 - In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition.

Answer 23

FALSE. Article 1196: Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of both the creditor and the debtor, unless from the tenor of the same or other circumstances it should appear that the period has been established in favor of one or of the other.

Answer 24

TRUE. Art. 1182 (suspensive)

Answer 25

TRUE. Art. 1258

Answer 26

36,000 Explanation: The phrase “individually and jointly” connotes a solidary obligation. Thus, any one of them may be made to pay the whole amount of the obligation.

Answer 27

E. Article 1196. Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of both the creditor and the debtor, unless from the tenor of the same or other circumstances it should appear that the period has been established in favor of one or of the other. In this problem, the obligation is for the benefit of both creditor and debtor. The date of payment is fixed on June 30, 2016 with stipulation as to the interest. The creditor will benefit from the interest and the debtor will have the opportunity to find money before that date or use his money for some other purpose. (a) Incorrect. The obligation is payable on June 30, 2016 hence X cannot refuse the offer. (b) Incorrect. The period is presumed to be for the benefit of both unless it appears from the circumstances that it is for the benefit of one. There is nothing in the agreement that will show that it is for the benefit of the debtor. (c) Same answer as (b). Incorrect. The period is presumed to be for the benefit of both, hence the debtor cannot be compelled to pay nor can the creditor be compelled to accept before that date.

Answer 28

C Explanation: Article 1224. A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking. The debtors who may have been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price of the thing or of the value of the service in which the obligation consists. In this problem, the obligation is a joint indivisible obligation. Since Bertulfo was ready to comply with the obligation, his contribution cannot go beyond his portion of the price of the thing which is P50,000. As for Claudio, since he refused to deliver without just cause, this gives right to indemnity for damages. He shall be liable for his portion of the price of the thing amounting to P50,000 and damages.

Answer 29

Facultative. Art. 1206

Answer 30

E. Article 1201. The choice shall produce no effect except from the time it has been communicated. Article 1205. When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor. Art. 1201 refers to the debtor’s choice, and Art.1205 on the creditor’s choice. In both instances, communication of the choice is necessary for the alternative obligation to become a simple obligation.

Answer 31

C Explanation: Article 1208. If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits.

Answer 32

D Article 1215. Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219. Article 1220. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors. (a) Is incorrect because A is not entitled to reimbursement from B (b) Is incorrect because the remission of the whole obligation by X extinguished the obligation.

Answer 33

B Explanation: Article 1164. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises.

Answer 34

D Explanation: In conjunctive obligations, all of the prestations are demandable at the same time, hence there is no issue of who has the right to choose. In facultative obligations, the right to substitute always belongs to the debtor. In alternative obligations, the right of choice belongs to the debtor, unless it has been expressly granted to the creditor (Art. 1200). There is no issue of who has the right to choose in conjunctive and facultative obligations.

Answer 35

E Explanation: Article 1200. The right of choice belongs to the debtor, unless it has been expressly granted to the creditor… Article 1203. If through the creditor's acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages. The right of choice belongs to the debtor since nothing in the problem shows that the exception applies. When the right of choice of the debtor is rendered impossible through the creditor’s fault, he may bring an action to rescind the contract with damages

Answer 36

FALSE. Prescriptive period starts to run from the time the cause of action accrues and that is from the time the obligation is constituted. Legal basis the case pay vs palanca. Query: if the obligation is upon demand, what kind of obligation is it as to perfection? A: Pure obligation

Answer 37

TRUE. Note: Whether it is an obligation with a period or conditional as long as it is resolutory it is demandable at once. Query: the effect of the happening of the condition or the arrival of the period is what? A: it will extinguish the obligation

Answer 38

FALSE. Because there is an exception, when there is an agreement that it is for the benefit of one of them.

Answer 39

FALSE. See Article 1197. It is not automatic. There are requisites before a court will fix a period. Such as (1) was there a perfected obligation; (2) was there a period fixed in the obligation; (3) did parties intended a period for the performance of the obligation. Etc.

Answer 40

FALSE. he will not lose his right to make use of the period, if he can provide for a guarantee. (Article 1198) Note: Is the consent of the creditor required as far as the guarantee is concerned? Yes, the consent of the creditor is required because, baka ballpen lang ang ipang collateral niya.

Answer 41

TRUE. Once the choice has been made the alternative obligation ceases to be one and becomes a SIMPLE obligation. Legal basis Arco Pulp and Paper Co., Inc. and Santos v. Lim, G.R. No. 206806, June 25, 2014. And as consequence of becoming a simple obligation he can no longer perform another prestation aside from the one the debtor has communicated to the creditor, the rule on pure obligation will now govern. Note: On the premise na nagcommunicate na yung debtor ng choice, meaning sino ang my right to choose nyan? THE DEBTOR. Query: Nacommunicate na niya, pero thereafter bago niya naperform naging impossible to perform ang prestation without his fault, kung ikaw ang debtor or abogado ng debtor, do you think you will still have to perform the other prestation? A: NO, he will not perform anymore because the obligation is extinguished. Note: Article 1201 has no relation to the question because the latter provision only provides when does the alternative obligation becomes a pure or simple one. The question is can he still perform another prestation na hindi niya pinili.

Answer 42

FALSE. Article 1206. Only the principal prestation is due. Note: There are two prestation here, one is the principal prestation and the other is the substitute prestation. Query: When will the substitute prestation be due and demandable? A: The substitute becomes due upon the communication of the choice to the creditor. Query: What is the basis? A: Apply by analogy provision on alternative obligation, article 1201, wala kasing provision sa facultative obligation as to when the substitution will take effect so iapply nalang yung provision na yun by analogy.

Answer 43

TRUE. Article 1206 2nd paragraph. Note of “INTENDED”. Query: Bakit hnd siya liable? A: The obligor is not liable because the substitute is not yet due. Query: Give me one word to support that statement that the substitute is not yet a due prestation, so who cares kung masira or lost or becomes impossible? A: “intended”.

Answer 44

FALSE. Because it is not the condition which is void but rather the obligation. Query: Is it possible for a CONDITION to be void? A: It is not possible. Query: Why not? A: Because a condition is just an event, how can an event be void, e.g. nag celebrate ng birthday si X sasabihin mo void yung bday niya. Walang event na void, but an event may be unlawful or impossible. Query: What is another reason why this is false? A: Because it will be valid if the condition is a resolutory condition. In other words, even if sa 1182 walang nakalagay na suspensive condition, that is the premise of that rule. Otherwise, kung resolutory eh di hindi void. In fact, demandable at once.

Answer 45

FALSE. Article 1183 2nd paragraph, only conditions NOT TO DO an impossible will be considered as not having been agreed upon. Query: If the condition is not to do pero nonetheless impossible anong effect? Clarificatory question. However, if the impossible condition is NOT “NOT TO DO”, in other words impossible conditions “not to do” ang tawag doon “negative possible conditions” eh kung hnd negative possible, in other words paano kung “positive possible condition” anong effect? A: Then the impossible condition shall annul the obligation (apply article 1183 1st paragraph). Query: However, do you agree to that provision that it will annul? In other words, if it “shall annul” anong implication niyan? A: it is voidable. it is valid until annulled. Note: So sa scenario ng article 1183 1st paragraph, voidable ba talaga? HINDI, VOID dapat yun. But nonetheless okay nadin naman yun. (so baka ibig sabihin ni sir ang gagamitn parin ay yung word na ANNUL)

Answer 46

D Why is it a mixed condition? Because it is partly dependent upon the will of one of the parties and partly upon chance and/or upon the will of a third person.

Answer 47

D Query: What is the period in this case? A: The period is from the time D obliged himself to give C 10k up until the day X dies. Note: So, it is wrong to say that the period is when X dies. A period is a space of time which may be based on an event, pero hindi siya event. December 25 is not a period it’s Christmas day, but “MULA NGAYON hanggang December 25” that’s a period. “one day mula sa araw na ito” that is a period. At pag may period equally important than 10 years or 30 days ay ang RECKONING POINT. Yun ang huwag niyong kakalimutan “30 days mula kalian”.

Answer 48

D Pag resolutory, demandable at once.

Answer 49

E. Because the choices pertain to a condition not an obligation. Note: Kasi ang tanong THE OBLIGATION, hindi THE CONDTION. A, B, and C are not OBLIGATIONS but rather CONDITIONS.

Answer 50

E The conditional obligation will be void when the happening of the SUSPENSIVE condition is dependent upon the sole will of the DEBTOR. Basis Article 1182.

Answer 51

B Article 1196, whenever in an obligation a period is designated, it is presumed to have been established for the creditor and the debtor, unless from the tenor of the same or other circumstances it should appear that the period has been established in favor of one or the other. In the question it is established that the period is for the benefit of A, because of the phrase “within six months”. Note: Do not rely on the presumption, do not stop your answer there, you may look at the circumstances, thus it may fall on the exception. Query: Ano yung worst na option? A: D, because it is opposite na opposite. Query: Kung ang debtor gusto ng mag perform ng obligation at ayaw pa ni creditor, pwd ba yun? A: Yes, if it is for the benefit of both or for the creditor only. Query: Bakit kaya, ano kaya rason ni creditor bakit ayaw pa niya? A: This is because, especially in an obligation to give, lalo na pag negosyante si creditor, at marami pa siyang goods, so idedeliver lang yun at a certain time or some other reason.

Answer 52

E Query: What is an example of a Disjunctive obligation? A: Alternative or Facultative. Note: Thus, a disjunctive obligation is also classified into plurality of prestation,

Answer 53

A. Because the obligor has to perform all the prestation for the oblige for the extinguishment of the obligation. Thus, the obligor nor the creditor has no right to choose.

Answer 54

E. Because C has the right to choose. Thus, under article 1205 the creditor may choose any of the value of the prestation with damages.

Answer 55

FALSE. The condition is not void but rather the obligation. There is no void condition. Article 1182. When fulfillment of the condition depends on the sole will of the debtor, the conditional obligation shall be void.

Answer 56

FALSE. Not all impossible conditions, only impossible conditions not to do. Article 1183 paragraph 2. The condition not to do an impossible thing shall be considered as not having been agreed upon.

Answer 57

TRUE. Article 1184. The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place.

Answer 58

FALSE. A resolutory period is demandable at once. The arrival of the period will extinguish the obligation. Article 1193 paragraph 2. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain.

Answer 59

FALSE. Because there is an exception, when there is an agreement that it is for the benefit of one of them.

Answer 60

FALSE. Not all obligations which do not fix a period may the court fix the duration. In the obligation, it should be inferred from its nature and the circumstances that a period was intended. Article 1197. If the obligation does not fix a period, but from its nature and the circumstances it can be inferred that a period was intended, the courts shall fix the duration thereof.

Answer 61

FALSE. The statement is incomplete. Article 1198. The debtor shall lose every right to make use of the period when after the obligation has been contracted, he becomes insolvent, unless he gives a guaranty or security for the debt.

Answer 62

TRUE. Express provision of Article 1199. In alternative obligation, not all prestations are due and demandable. The delivery or fulfillment of one of the prestations will extinguish the obligation.

Answer 63

TRUE. Article 1201. The choice shall produce no effect except from the time it has been communicated.

Answer 64

TRUE. The obligor is not liable until the time the substitution has been made. Article 1206 par. 2. The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable. But once the substitution has been made, the obligor is liable for the loss of the substitute on account of his delay, negligence or fraud.

Answer 65

B C may or may not pass the examinations. Hence, passing the CPA examination is a condition since it is a future and uncertain event. It is suspensive since the happening of the condition will give rise to the obligation. Article 1181. In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition.

Answer 66

Explanation: A period is a future and certain event. Since death is certain, although it may not be known when it will happen, it is a period and not a condition. The obligation is suspensive because the happening of the event, in this case death, will give rise to the obligation. Article 1193. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain. A day certain is understood to be that which must necessarily come, although it may not be known when. If the uncertainty consists in whether the day will come or not, the obligation is conditional, and it shall be regulated by the rules of the preceding Section.

Answer 67

“a”, “b”, “c”, are all immediately demandable being demandable at once. “D” is correct since a,b,c are all correct. The answer is therefore “e”. Article 1193. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain... Article 1181. In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition.

Answer 68

C The obligation is not resolutory because the passing of the bar examinations will give rise to the obligation. A resolutory condition is one which, upon its happening, extinguishes the obligation. It is also not casual because a casual condition depends upon chance or upon third persons. The condition of “passing the bar examinations” depends upon A, upon chance, and upon third persons since there are many factors that will affect the bar examination results. It is a positive condition. A positive condition refers to an event that is to take place in order for the condition to be met, as opposed to the non-occurrence of an event. In this problem, the event is the ‘passing of the bar examinations’ which should take place.

Answer 69

a. When the debtor has already made a choice b. When the creditor has already made a choice c. When the choice of the debtor is consented to by the creditor d. When the choice of the creditor is consented to by the debtor e. None of the above

Answer 70

C. Article 1182. When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code. The condition being referred to in the first sentence of Art.1182 is a suspensive condition. Therefore, when the fulfillment of the suspensive condition depends upon the sole will of the debtor, the conditional obligation shall be void.

Answer 71

a. Before June 30, 1999, A can be compelled to pay. b. Before June 30, 1999, X cannot validly refuse an offer to pay. c. Before June 30, 1999 while A cannot be compelled to pay, X also cannot be compelled to accept payment. d. Before June 30, 1999 while A can be compelled to pay, X cannot be compelled to accept payment. e. a, b, and c are correct.

Answer 72

Explanation: In conjunctive obligations, all of the prestations are demandable at the same time, hence there is no issue of who has the right to choose. In facultative obligations, the right to substitute always belongs to the debtor. In alternative obligations, the right of choice belongs to the debtor, unless it has been expressly granted to the creditor (Art. 1200).

Answer 73

C Art. 1205. “...(3) If all the things are lost through the fault of the debtor, the choice by the creditor shall fall upon the price of any one of them, also with indemnity for damages.” Therefore, C has the right to demand the price of any of the objects plus damages.

Answer 74

TRUE. Article 1183 – Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid. The condition not to do an impossible thing shall be considered as not having been agreed upon=no condition=pure obligation.

Answer 75

TRUE. If the condition is resolutory, it is demandable at once. The happening of the condition will extinguish the obligation.

Answer 76

FALSE. Such obligation will not take effect at once. Upon arrival of the day, it shall become due and demandable.

Answer 77

FALSE. Article 1196 – Whenever in an obligation, a period is designated, it is presumed to have been established for the benefit of both the creditor and debtor, unless from the tenor of the same or other circumstances, it should appear that the period has been established in favor of one or of the other.

Answer 78

TRUE. Article 1897 – If the obligation does not fix a period, but from its nature and the circumstances it can be inferred that a period was intended, the courts may fix the duration thereof. The courts shall also fix the duration of the period when it depends upon the will of the debtor.

Answer 79

TRUE. Article 1198. The debtor shall lose every right to make use of the period: 4) When the debtor violates any undertaking, in consideration of which the creditor agreed to the period.

Answer 80

TRUE. Article 1188 – The creditor may, before the fulfillment of the condition, bring the appropriate actions for the preservation of his right.

Answer 81

TRUE. Re: alternative obligations; Article 1203.

Answer 82

TRUE. Article 1206 – [...] The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable. Keyword is intended, wala pang actual substitution, so hindi magaapply yung next sentence dyan sa codal provision.

Answer 83

TRUE. Article 1180 – When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of Article 1197.

Answer 84

A can only demand the amount of P5,000. In this case the obligation is 50k there are 2 creditors A and B, each is entitled to 25k, and out of the 25k, each creditor has a right to demand from each debtor 5k.(this is the suggested answer of sir if in case he asked it as an essay question and he asks how you arrived at 5k) Note: Do not answer article 1208 as a legal basis, specially the phrase that the “debts are separate and distinct from one another”, why? Because you will only invoke this provision as a basis of your answer when there is insolvency, kung may condonation, because they are separate and distinct ano ngayon kung nagcondone doon sa share sa isa? Eh ano ngayon kung insolvent yung isa? Then that may not affect the shares of the others because the shares are separate and distinct from one another. Yun ang silbi ng 1208, and that is the most important feature of joint obligation. Note: May mga ilang kaso sa SC mga isa o dalwa na ang sabi “if it is not stipulated by the parties it is presumed that the obligation is joint”. I do not encourage that formulation, I would rather encourage you to say “solidarity is not presumed” at yun yung madalas, mga 9 out of 10 times na sinsabi ng SC. Which is correct, sa unang formulation ang problema doon madalas ng mga law student or ng isang baogado ay, dahil may presumption hnd na sila pumupunta sa law, sa nature ng obligation. Eh kung solidary pala because the law so provides nag rely sila sa presumption talo sila. In other words, the best na way para masabi mo kung joint o solidary ay tignan mo isa isa. Is there a stipulation? wala. The law provides? Hindi. Does the nature require solidarity? Hindi din. Tsaka ka lang pwd mag conclude na the obligation is joint. Wala kang Karapatan na mag conclude na joint kung ang nakita mo lang ay stipulation, “ay walang stipulation, okay na, JOINT, it is presumed to be joint”. Presumed ka lang diyan pero in the first place baka mamaya under the law solidary pala. But in relation to the statement that “in the absence of an agreement or stipulations as to the division of the debt, it is presumed to be equal” wala yun sa 1207 but nasa 1208.

Answer 85

None. Because, he only paid his share of the obligation. He did not pay a single centavo on behalf of his co debtors. Note: Again, do not answer 1208 walang kinalamn yun.

Answer 86

None. Because he only received his share of the debt. He did not receive a cent for his co-creditor.

Answer 87

50,000. Because the obligation is solidary, any of the creditors can demand the fulfillment of the whole obligation from any of the debtors.

Answer 88

40,000. There being no stipulation as to the respective shares, each debtor shall share 10,000.

Answer 89

25,000. The obligation is solidary, therefor any of the creditors can be compelled to pay the entire amount, therefore X can be compelled by A to pay A 50k. There being no designation of the respective shares of the creditors, it is presumed equal. A having received the amount of 50k he should reimburse B his share, which is 25k.

Answer 90

20,000. In active solidarity, the creditors are solidary, while the debtors are jointly liable. And because the debtors are only jointly liable each one can be compelled to pay only his share. And in the case the share of each of the debtors are only liable to the amount of P10, 000 there being no designation as to their amount of share.

Answer 91

None. Because V only paid his share of the debt. In active solidarity the debtors are jointly liable. Therefore, each one of them can only be compelled to pay his share. If he only paid his share, he does not have the right to seek reimbursement from his codebtors.

Answer 92

5,000. In active solidarity, the creditors are solidarilly liable, thus A can compel V to pay 10k. Thus, B has a share of 5k in the 10k, there being no designation of the amount of share.

Answer 93

25,000. The creditors being jointly liable, A can compel from X the whole amount of his (A’s) share because the debtors are solidarily liable. The insolvency of V will not result in the reduction of the obligation, in a solidary obligation the insolvency of one of the debtors will increase the liability of the remaining solvent debtors, who shall share in proportion the liability of the insolvent debtor. Thus, X can still be compelled to pay the whole share of A. Note: this is a Passive solidarity: where in the Debtors are Solidarily liable and the creditors are jointly liable. Note: In passive and active solidarity, remember the elements of obligation the passive and active subject. Pag active subject it refers to the creditor/obligee, pag ka passive subject it refers debtors/obligor. Remember this para matandaan mo mas madali kung sino ang solidary.

Answer 94

X can recover the amount of 6,250 pesos from Y. The Creditors are only jointly bound; thus, A can only compel the fulfillment of his share, on the other hand the creditors are solidarily bound, thus any of the debtors may be compelled by A to pay him the amount of his share. The insolvency of V will not result in the reduction of the obligation, in a solidary obligation the insolvency of one of the debtors will increase the liability of the remaining solvent debtors who shall share in proportion the liability of the insolvent debtor. Thus, the insolvency of V resulted in the increase of liability of the other co debtors, in this case instead of the co debtors sharing the debt to A which is 25k equally in the absence of the designation of the share of each, the share V which is 5k will be divided proportionately to X W Y and Z. and so the final amount 6, 250, which is the 5k original share plus the increased share of 1, 250 because of V’s insolvency.

Answer 95

A should give nothing to B. the creditors are jointly bound, thus A only received his share of the obligation.

Answer 96

A can demand the amount of 5k. The obligation here is joint, thus A can only demand his share and X will only pay his share of his debt to A. Despite the insolvency of V, it will not increase the liability of X because under article 1208, the credit and debts are separate and distinct from one another. Note: dito mo na pwd gamitin yung article 1208.

Answer 97

X cannot recover anything from Y. X only paid his share of the obligation. And despite the insolvency of V, the share of X will not be increased, he can only be compelled to pay his share, therefore he will have no right to recover from his co debtors because under article 1208, the credit and debts are separate and distinct from one another.

Answer 98

None, this being a joint obligation, the debtor can only be compelled to pay his share and the creditor can only compel fulfillment of his share. Therefore, A will only receive his share. The insolvency V did not affect the obligation because the credits and debts are separate and distinct from one another.

Answer 99

40,000. the obligation here is solidary. The remission of the obligation of Z and there being no designation as to their share, therefore equal, 50/ 5 = 10k each, it will then cause reduction of 10k from the amount of the obligation thus the remaining amount now 40k. Despite the insolvency of V, it will not result in the further reduction of the obligation because the share of V, the insolvent debtor will be shouldered by all the other debtors who are not insolvent, proportionately. Query: What if my question is how much can A validly demand from Z, what will be your answer? A: Still 40k, because the remittance Z’s share did not release him from his obligation as a co-debtor, he can still be compelled to pay the remaining debt of 40k.

Answer 100

X can recover the amount of 2,500. Because the insolvency of one of the solidary creditors will increase the liability of the other creditors who are not insolvent, in proportionate share. In a solidary obligation despite the remission of the share of one of the solidary debtors, that does not exempt him from his obligation as to his co debtors. Thus, he is still liable to pay his share in the insolvent debtor which is 2,500.

Answer 101

He should give B the amount of 20k. Because X can only be compelled to pay the amount 40k. because B consented to the remission of the debt, thus his share should equally be reduced to the amount of 5k. Otherwise, if there is no consent, he can recover the amount of 25k.

Answer 102

He can recover nothing from A. But rather he can recover from X. The Creditors here are solidary, the debtors are joint. When X condoned the whole obligation of A without the consent of Y. As to A, his liability is extinguished being a joint debtor, because under article 1212 a solidary debtor cannot prejudice the rights of his co creditors. Thus, while A’s liability is extinguished, the remedy of Y is not against A but rather to X. Note: Since the creditors are solidarily bound they can actually extinguish the liability of any of the debtors. Artcile 1215.

Answer 103

25,000. Because, the debtors are only jointly liable. As far as A is concerned his only liability is 50k, this share is extinguished, wherein the share of X and Y are only 25k each. Therefore, Y can recover his share of 25k because the act of X in remitting the whole obligation was prejudicial to Y and the latter did not give his consent.

Answer 104

FALSE. Because it will not produce effect of payment unless it has been encashed or it has been lost or impaired thru the fault of the creditor.

Answer 105

TRUE - Article 1241. Payment to a person who is incapacitated to administer his property shall be valid if he has kept the thing delivered, or insofar as the payment has been beneficial to him. Query: Person to whom payment is made that person is called? A: Payee, because the person to whom payment is made is not necessesarily the creditor. Note: Do not ever call him the creditor if he is not the creditor. Unless sure ka payee siya. Query: If the payee is not the creditor, may the obligation nonetheless be extinguished? (the payment was made to a wrong party) A: Yes, when it redounded to the benefit of the creditor Note: As a rule, the payment would be void, or the payment will not extinguish the obligation but there are exceptions: 1. the payment redounded to the benefit of the creditor (1241) Query: What is the general rule in relation to this “the person has an interest in the fulfillment of the obligation? A: GR: The creditor is not compelled to accept performance from another person. Exception: if the third person has an interest in the fulfillment of an obligation. Query: Payment to a wrong party may extinguish the obligation when it redounded to the benefit of the creditor, would the payor if he is the debtor has the burden of proving that such payment indeed redounded to the benefit of the creditor? A: Yes, generally the debtor has the burden of proving that it redounded to the benefit of the creditor. EXCEPTIONS: 1. If after the payment, the third person acquires the creditor's rights; 2. If the creditor ratifies the payment to the third person; 3. If by the creditor's conduct, the debtor has been led to believe that the third person had authority to receive the payment. (1241) Query: Why would he not have the burden in that scenario? A: Because this time, the law presumes that indeed it redounded to the benefit of the creditor. Query: What kind of presumption is this? A: Conclusive presumption. Query: Any other scenario where the debtor or payor would have no burden of proving? A: If by the creditor's conduct, the debtor has been led to believe that the third person had authority to receive the payment. (By Estoppel) Query: Any other? A: If after the payment, the third person(payee) acquires the creditor's rights. Query: If this payee acquired the rights of the creditor before the payment, what is the effect? A: The payor will be paying to the proper person because he acquires the rights of the creditors before the payment was made. Note: If he acquired it after, the payment, yong binayaran niya wrong party. Nonetheless because she acquired the creditor’s rights thereafter parang nauna lang ang bayad. Then the law considers the payment to have redounded to the benefit of the creditor. Query: Ang tawag sa payee ay? A: Successor in interest specifically assignee -this person acquired the rights from the creditor (1240) Note: Just because payment was made to a third person not the creditor he will not necessarily be subrogated.

Answer 106

FALSE - Article 1268. When the debt of a thing certain and determinate proceeds from a criminal offense, the debtor shall not be exempted from the payment of its price, whatever may be the cause for the loss, unless the thing having been offered by him to the person who should receive it, the latter refused without justification to accept it. Query: What is the effect? A: The debtor already offered to return the thing to the person who shall receive it and it was refused without just cause then the debtor will be exempt from the payment of the price. Query: Would you still consider that if thereafter, after he refused to accept it was destroyed due to his fault? A: Yes. the law provides “whatever may be the casuse for the loss”

Answer 107

TRUE. Article 1272. Whenever the private document in which the debt appears is found in the possession of the debtor, it shall be presumed that the creditor delivered it voluntarily, unless the contrary is proved. Query: Why is it required to be a private document? A: Because public document as a matter of fact, has several copies of that document as it is readily available to the public. Query: Sino may copy non? A: Notary public Note: Ordinarilly, the Notary Public should keep a copy. Although, ano kaya ang document ang hindi siya required mag keep ng copy? Will. Query: If the Notary Public is required to retain a copy sino pa ang magkakaron ng copy? A: The clerk of court – dito sinasubmit.

Answer 108

TRUE. Article 1250. In case an extraordinary inflation or deflation of the currency stipulated should supervene, the value of the currency at the time of the establishment of the obligation shall be the basis of payment, unless there is an agreement to the contrary. Note: This rule applies to contract lang because of the word “stipulated”. Wag mong gagamitin ang stipulated sa ibang sources of obilgation.

Answer 109

TRUE. Because in ART. 1287, what is meant by the law is legal compensation. “Compensation shall not be proper” bla bla bla, legal compensation ang ibig sabihin dyan. Because in the first place, legal compensation is considered as the true kind of compensation. Note: Kaya pag ang examiner o ang batas hindi nagmention kung anong klaseng compensation ang trip nila ang ibig nilang sabihin ay legal compensation. Article 1287. Compensation shall not be proper when one of the debts arises from a depositum or from the obligations of a depositary or of a bailee in commodatum. Query: In other words, even if one of the debts arises from a depositum, can there be compensation? A: Yes, by agreement of the parties, conventional compensation Query: What if there is no agreement of the parties may there be compensation? A: Yes, there is another kind of compensation which is not really by the agreement of the parties. In fact, others would consider this as fourth kind of compensation – facultative compensation. 7. A valid tender of payment extingui

Answer 110

FALSE Note: First tender of payment even if it is a valid tender of payment is not one of the modes of extinguishment maski sampong beses ka pa or isang libong beses ka pa mag tender. Query: In one word, ano ang tender or payment? A: Offer, thus it will never extinguish an obligation. Query: Kung tinanggap yong payment, e di extinguished, ano ang mode of extinguishment? A: Payment Note: Walang payment kung ang creditor hindi tumanggap in the strict sense of the word “payment” Query: If the creditor refused to accept, ikaw ang lawyer ng debtor, sabi ng client mo, ano ang advice mo if he wants to extinguish his obligation? A: In order that it shall be extinguish there must be a proper consignation. Consignation therefore, does not contemplate deposit in the account rather it should be placed at the disposal of judicial authority. Article 1258. Consignation shall be made by depositing the things due at the disposal of judicial authority, before whom the tender of payment shall be proved, in a proper case, and the announcement of the consignation in other cases. Query: For the obligation to be extinguished by this special form of payment known as consignation, ano ang requirement which was not mentioned? A. Was the refusal with just cause or wala. Otherwise, the consignation will not be proper. Note: If the court would have to determine the validity of the consignation dahil hindi tinanggap ng creditor.

Answer 111

TRUE - Article 1253. If the debt produces interest, payment of the principal shall not be deemed to have been made until the interests have been covered. Query: This provision is about what? A: Application of payments Note: In application of payments isang creditor lang pero two or more debts. Ang question to which debt the payment should be applied? Pero ito specifically goes into the right of the debtor to designate to which debtor the payment should be applied. (GR) Etong number 8, exception yan that is one of the exceptions to the rule that the debtor can designate the debt to which the payment should be applied and one of the exceptions is hindi niya pwedeng piliin muna ang pagbayad sa principal because the law so provides na ang bayad niya ay iapply muna sa interest bago doon sa principal.

Answer 112

FALSE. Because, in reciprocal obligation there are different prestations. In reciprocal obligation there will never be a the same prestations, therefore there can never be a legal compensation because one of the requisites of legal compensation is that the two debts must both pertain to sums of money or if they involve consumables they must be of the same kind and quality. Query: Example of reciprocal obligation? A: Contract of Sale Query: Is it possible for compensation which is legal compensation to take place if the obligation is a reciprocal obligation? A: No, never because of that requisite that the two debts must both pertain to sums of money or if they involve consumables they must be of the same kind and quality

Answer 113

TRUE. Article 1280. Notwithstanding the provisions of the preceding article, the guarantor may set up compensation as regards what the creditor may owe the principal debtor. Query: Is the guarantor principally bound? A. No, subsidiary only. Query: Why is he allowed to setup compensation when he is not principally bound? A: Because guaranty is an accessory contract. No subrogation here. In fact, he will be released doon sa contract of guaranty. Note: Kaya kung ang principal obligation was extinguished by compensation, the guarantor shall be allowed to set up compensation because he will be benefited by the extinguishment of the principal obligation ligation. The accessory contract follows the principal. It cannot exist without the principal obligation secured by the guaranty. Query: When would a gauarantor be subrogated? A: When he pays the obligation. Pag nagbayad siya, ordinarily he will be subrogated.

Answer 114

B. Article 1287. Compensation shall not be proper when one of the debts arises from a depositum or from the obligations of a depositary or of a bailee in commodatum. Neither can compensation be set up against a creditor who has a claim for support due by gratuitous title, without prejudice to the provisions of paragraph 2 of article 301. Query: Why is support not subject to compensation? A: Because this is necessary for this person to survive. It is about subsistence. Kung iwwithhold mo ang support na yan even if may utang din siya sayo, mamamatay sa gutom ang taong yan. Kaya bawal mag invoke ng compensation pero itong prohibition na ito under 1287 merong hindi applicable depende sa support. Note: Bawal mag invoke ng compensation ang isang debtor, who is oblige to give support ang rason dito ay subsistence. Note: Hindi lahat ng support ay hindi pwede maging subject ng legal compensation. Kasi nga pwede naman. Query: What kind of support can be the subject of legal compensation. A: Contractual support (208 FC) Note: In contractual support beyond what is required by way of legal support. In other words, nag kontrata support kita 150k a month. Siguro naman a portion of that amount, pwedeng subject ng legal compensation.

Answer 115

E. Because there are requisites for legal compensation to take place. Isa lang ito na two persons are debtors and creditors of each other. Query: Just because they are debtors and creditors of each other there may not be legal compensation? Example? A: Two debts must both pertain to sums of money or if they involve consumables they must be of the same kind and quality or both debts are not yet due or at least one of them.

Answer 116

A. Q: Why not letter D? A: Note: Ang namiss niyo lang is that si S has no interest in the fulfillment of the obligation. Even if the payment was made without the knowledge of the debtor if he has the interest do you think the answer would be different? YES, yong rule na yan that he has the right to seek reimbursement only to the extent that the debtor was benefited is applicable only if the two requisites na yan ay present: 1. That the person who paid has no interest AND the payment was made without the knowledge or against the will. Under 1302, if this payor has an interest in the fulfillment of the obligation they would be subrogated in the rights of the creditor and he can recover whatever he paid to this creditor. In relation to 1236-1237. Kaya hindi lang ito sa pinagbayad siya ng hindi alam ng debtor kasi ang payor has no interest in the fulfillment of the obligation. Kaya mula nong nagbayad hanggang due date, hindi naman talaga liable ang debtor dyan ng interest. Kaya only to the extent that the debtor was benefited. E wala nong naging due yon lang babayaran niya. Hindi pa naman in delay ang debtor.

Answer 117

E. Arrival of the resolutory period Query: Bakit mali ang letter b? A: Because letter “b” is a condition “Passage of time” is a period. Note: : Ang condition hindi sure na mangyayari it is not a matter of time.

Answer 118

C. SAURA IMPORT AND EXPORT VS DEBTORP CASE Query: Bakit hindi consignation? prevailing rate of a. b. c. d. e. A: A. interest was 12% per annum. S can ask reimbursement from A only the amount of P50,000.00 S cannot ask reimbursement from A because the payment by S is without the consent of A S can ask refund from X because the payment by S was against the will of A. S can ask reimbursement from A in the amount of P50,000.00 plus the 12% interest from April 1 to June 30, 2019. None of the above A: It will not necessarily produce the effect of payment kung yong isa dito walang mangyari. Consignation will only produce the effect of payment when it was properly declared by the court that consignation was properly made and when the creditor accepts the payment. Note: There are two ways na pwede maextinguish ang obligation as a result of consignation. Hindi kailangan lahat ng requisite present. Consignation will produce the effect of payment when the creditor accepts the payment. Pupunta ka pa ba sa requisites? Wag na. But if the creditor did not accept the payment, the courlt will have to determine kung valid ang consignation or kung proper ang consignation. (this is the second way). Query: Ang tawag sa mode of extinguishment na ito maliban sa mutual desistance is? A: Mutual dissent. Query: Why is it a mode of extinguishment? What is the rationale? A: If an obligation may arise from the mutual agreement of the parties then an obligation may likewise be extinguished by the mutual disagreement of the parties

Answer 119

D. Query: In other words, kung generic as in letter” b” what is the principle here in latin? A: genus nun quam perit

Answer 120

A. Query: Rather, what is a requirement? The requirement specified under the law is that, over neither of them there be any retention or controversy, commenced by third persons and communicated in due time to the debtor. (ART. 1279) In other words, there should be no controversy or adverse claim in relation to one of the debts.

Answer 121

A. Why can’t there be a legal compensation if one of the parties is merely a guarantor? Because he should be bound principally. As debtors, they should be both principally bound. Guarantors are not principally bound. They are just subsidiarily liable, if at all they will be liable. Dapat maexhaust muna ang properties ni principal debtor otherwise baka surety siya at hindi guarantor. What is the reason why hindi pinipili ang A? Because there are different amounts and different due dates, Ang tawag ditto sa compensation na to ay? A: Partial compensation. Doon sa different due dates, ano ang effect niya? A: the effect is that there will only be legal compensation by Dec 31, 2016. Compensation will take place on that date when both dates are already due and demandable. Note: Ang iniisip ng iba dyan ay walang compensation dyan because for compensation to take place there must become due at the same time. WALANG GANON SA BATAS. They are not required to be due and demandable at the same time because what is only required is that they be due and demandable. Query: Why not letter C? A: They are of different kinds of obligations.

Answer 122

D Query: Why not b? A: Note: In the Civil Code there are two kinds of renunciation which are? Gratuitous and onerous. Kung onerous ang renunciation do you think there will be a remission? Of course not, remission is a gratuitous act kaya hindi palagi na may renunciation when there is remission. Query: Do you agree na may novation na dyan? Sa letter d? A: No, because the creditor must consent to the substitution of the object. Query: Why not C? A: Because this is legacy of credit. Ang may pagka remission is legacy of waiver of credit. Ang difference ng remission sa legacy is that legacy will only take effect upon death.

Answer 123

D. Tender of payment is not a special form of payment. Query: Is it always required for consignation to be proper, that there should be tender of payment? A: No. Query: ilan ang grounds ng consignation na hindi kailangan ang tender of payment? A: 5 Query: Ilan ang grounds ng consignation na kailngan ang tender of payment? A: 1- The creditor refuse to accept without just cause. Query: Alin ang general rule? Require or hindi required? A: Hindi required.

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