OBLIGATIONS - MCQs

Academic Year 2018-2019, Second Semester

1. A definition of an obligation:
a. a juridical necessity to comply with a prestation;
b. a legal or juridical relation between a creditor and a debtor whereby the latter is
bound to the fulfillment of a prestation which the former may demand of him;
c. a duty of an obligor to satisfy a claim of an obligee which if not complied with,
is enforceable in court;
d. all of the above;
2. The concept of obligation, in its passive aspect or as defined by the Civil Code in Article
1156, is correlative (reciprocally related or corresponding) to the concept of:
a. right;
b. prestation;
c. juridical tie;
d. debt;
3. The definition of obligation emphasizes the obligation of the obligor or debtor and implies the
correlative right of the obligee or creditor to:
a. sign the contract;
b. demand the performance of the act or conduct;
c. rescind the contract;
d. honor his reciprocal obligation.
4. Is it the act or omission by which a party violates a right of another, causing injury to the
latter?
a. right of action;
b. cause of action;
c. breach of contract;
d. damnum absque injuria.
5. It is an essential element of obligation which is the efficient cause established by the various
sources of obligations:
a. vinculum juris or juridical tie;
b. juridical capacity;
c. prestation, object or conduct;
d. active and passive subjects.
6. In an agreement between the seller and the buyer whereby the latter will buy from the former a
specific thing for P1,000.00, what is the efficient cause or juridical tie?
a. to give the specific thing;
b. to pay the price;
c. agreement;
d. purchase of the specific thing.
7. The following are essential elements of a valid object or prestation, except:
a. must be determinate or specific, or at least determinable according to pre-
established criteria or elements;
b. must be physically or legally possible;
c. must have an economic value or be capable of pecuniary estimation or possible
equivalent in money;
d. none of the above.
8. Form is one of the requisites of valid obligations. However, this requisite is only applicable to:
a. those arising from law;
b. those arising from quasi-contracts;
c. those arising from solemn contracts;
d. those arising from quasi-delict.
9. Obligation derived from this source of obligations is not presumed and must be expressly
provided by the Civil Code or special laws in order to be demandable:
a. law or ex lege;
b. contract or ex contractu;
c. quasi-contract or quasi-contractu;
d. act or omission punished by law, ex delito or ex malficio;
e. quasi-delict or quasi malficio.
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10. Obligations arising from this source of obligations have the force of law between the
contracting parties and should be complied with in good faith:
a. laws;
b. contracts;
c. quasi-contracts;
d. acts or omissions punished by law;
e. quasi-delicts.
11. A source of obligation, which is a legal fiction of legal relation resulting from lawful,
unilateral and voluntary act where there is no existing contract:
a. contract;
b. quasi-contract;
c. crime;
d. quasi-delict.
12. Obligations governed primarily by the agreement of the parties:
a. those arising from law;
b. those arising from quasi-contracts;
c. those arising from contracts;
d. those arising from quasi-delict;
e. criminal acts.
13. An obligation of spouses to render mutual support arises from:
a. delict or crime;
b. marriage contract;
c. law;
d. quasi-contract;
14. Obligations based on the principle that “no one shall be unjustly enriched or benefited at the
expense of another:”
a. those arising from law;
b. those arising from quasi-contracts;
c. those arising from certain contracts;
d. those arising from quasi-delict.
15. It is an extra-contractual obligation where an officious manager voluntarily takes over an
abandoned or neglected property or business without authority of the owner:
a. negotiorum gestio;
b. solutio indebiti;
c. quantum meruit;
d. res ipsa loquitor.
16. As a general rule, every person criminally liable for a felony is:
a. likewise liable for exemplary damages;
b. also civilly liable;
c. generally not civilly liable;
d. discharged from payment of civil liability;
17. In case of material damage or injury, the liability of a convicted person includes:
a. restitution;
b. reparation for damage caused;
c. indemnification for consequential damages;
d. all of the above;
18. It is an act or omission which causes damage to another, there being fault or negligence and
there being no pre-existing contractual relation between the parties:
a. contract;
b. quasi-contract;
c. crime;
d. quasi-delict.
19. A source of obligation where it is not the act or omission which gives rise to the obligation,
but the want of care required from the circumstances:
a. law;
b. contract;
c. quasi-contract;
d. crime;
e. quasi-delict.
20. Quasi-delicts, as distinguished from crimes:
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a. affect public interest;

b. the applicable law punishes the act;
c. two liabilities are created;
d. include all acts in which any kind of fault or negligence intervenes.
21. Mr. Lolong, 80 years old, abandoned by his wealthy son Mr. Sonny, met an accident and was
consequently confined in a hospital. Without the knowledge of Mr. Sonny and Mr. Lolong, Mr.
Neil, a neighbor, spent for the medical expenses of Mr. Lolong expecting that he would be
reimbursed by Mr. Sonny. Can Mr. Neil recover the amount of medical expenses from Mr.
Sonny?
a. No, Mr. Neil has no cause of action against Mr. Sonny;
b. Yes, based on quasi-contract;
c. Yes, based on moral obligation;
d. Yes, based on natural obligation.
22. Under this doctrine, a person who has not committed the act or omission which caused
damage or injury to another may nevertheless be held civilly liable to the latter either directly or
subsidiarily under certain circumstances, such as the direct and primary negligence of the
employer in the selection or supervision, or both, of his employee:
a. doctrine of vicarious liability;
b. doctrine of last clear chance;
c. culpa contractual;
d. culpa extra-contractual.
23. A taxi owned and operated by Digong and a passenger jeepney operated by Leni figured in
an accident whereby both drivers were found to be negligent. Bongo, a passenger of the taxi
suffered injury. Which of the following is correct?
a. Bongo’s cause of action against Leni is culpa contractual and with regard to Digong, it
is culpa aquiliana;
b. Leni’s liability is based on culpa contractual while that of Digong is culpa criminal;
c. The source of Digong’s obligation is culpa contractual and Leni’s obligation is based
on culpa aquiliana;
d. Bongo’s cause of action against Digong and Leni arises from a contract.
24. An obligation exclusively based on positive law and enforceable in court:
a. civil obligation;
b. natural obligation;
c. moral obligation;
d. mixed obligation.
25. If a creditor’s right of action to collect based on a written contract has prescribed after 10
years from the time the action has accrued, the civil obligation of the debtor is converted into:
a. moral obligation;
b. natural obligation;
c. unilateral obligation;
d. none of the above.
26. The standard norm in the observance of an obligation by both parties:
a. Every person must, in the exercise of his rights and in the performance of his duties,
act with justice, give everyone his due, and observe honesty and good faith (Art.
19);
b. Every person obliged to give something is also obliged to take care of it with the
proper diligence of a good father of a family, unless the law or the stipulation of
the parties requires another standard of care (Art. 1163);
c. The obligation to give determinate thing includes that of delivering all its accessions
and accessories, even though they may not have been mentioned (Art. 1166);
d. Those who in the performance of their obligations are guilty of fraud, negligence, or
delay, and those who in any manner contravene the tenor thereof, are liable for
damages (Art. 1170).
27. An obligation where only one of the parties is bound to fulfill a prestation:
a. personal;
b. divisible;
c. unilateral;
d. joint.
28. Obligations arising from the same cause where each party is a debtor and a creditor of the
other:
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a. solidary;
b. pure;
c. alternative;
d. reciprocal.
29. An obligation to give a thing may be either determinate or generic. It is generic when the
object is:
a. particularly designated;
b. one whose determination is confined to that of its nature or specie;
c. a concrete thing;
d. indicated by its own individuality.
30. An obligation “to deliver one of my dogs” is a:
a. a real obligation to give a generic thing;
b. a personal obligation to deliver a generic thing;
c. a real obligation to give a limited generic thing;
d. a personal obligation to render service.
31. In obligations to give, the creditor has a right to the thing, which is the object of the
obligation, as well as the fruits thereof from the time the obligation to deliver it arises. In pure
obligations arising from contracts, when does the obligation to deliver the thing arise?
a. time designated or provided by law;
b. from the time of demand;
c. from perfection of the contract;
d. from the fulfillment of the condition;
e. from expiration of the designated term or period.
32. A right of the creditor if the obligation to give is determinate:
a. to compel specific performance and to recover damages in case of breach;
b. to ask for delivery of a thing belonging to the genus stipulated;
c. to ask that the obligation be complied with at the expense of the debtor;
d. all of the above;
33. Which of the following is not an obligation of a person obliged to give a determinate thing
(specific real obligation):
a. to deliver the thing;
b. to take care of the thing with the proper diligence of a good father of a family;
c. to deliver a thing which must be neither of superior nor inferior quality;
d. to deliver all accessions and accessories.
34. In obligations to do, if the obligor fails to do that which he has obligated himself to do, the
obligee has the right:
a. to compel specific performance and ask for damages;
b. to have the obligation performed at the expense of the obligor and ask for damages;
c. to ask that what has been poorly done be undone and ask for damages;
d. all of the above;
35. In negative personal obligation, the object of the obligation is realized:
a. when there is delay;
b. upon fulfillment of the condition;
c. when what is forbidden is not done by obligor;
d. upon extrajudicial or judicial demand of the obligee.
36. The following are classes of voluntary breach of obligation or sources of liability, except:
a. default or mora;
b. fraud or dolo;
c. caso fortuito or force majeure;
d. negligence or culpa;
e. contravention of tenor of obligation.
37. It is the non-fulfillment of the obligation with respect to time:
a. delay;
b. default;
c. mora;
d. none of the above;
e. all of the above.
38. It means mere failure to perform an obligation at the appointed time:
a. ordinary delay;
b. extraordinary delay;
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c. legal delay;
d. none of the above.
39. This is the default on the part of both parties which arises in reciprocal obligations:
a. mora solvendi;
b. mora accipiendi;
c. compensatio morae;
d. legal delay.
40. Mora solvendi is applicable to the following obligations:
a. natural;
b. negative;
c. positive;
d. all of the above;
41. Demand is not necessary in this instance:
a. when the obligation or the law expressly so declares;
b. when time is of the essence;
c. demand would be useless;
d. none of the above;
e. all of the above.
42. Which of the following rules is not applicable to an obligation to do?
a. if the debtor performs what is forbidden, it shall be undone at his expense;
b. if the debtor fails, it will be done at his expense;
c. if the debtor contravenes the tenor of the obligation, it will be redone at his expense;
d. if the work is poorly done, it will be redone at debtor’s expense.
43. Obligations which are created at the same time, out of the same cause, and which result in
mutual relationships of creditor and debtor between the parties:
a. positive and negative obligations;
b. reciprocal obligations;
c. collective obligations;
d. multiple obligations.
44. It is the deliberate intention to cause damage or prejudice:
a. fraud;
b. negligence;
c. delay;
d. contravention of the tenor of obligation;
45. Dolo contractual refers to:
a. fraud in the execution of the contract;
b. fraud in the performance of the obligation;
c. causal fraud;
d. incidental fraud.
46. Waiver not allowed by law:
a. waiver of an action for future fraud;
b. waiver of right of action;
c. waiver of action for damages based on committed fraud;
d. all of above.
47. It is the omission of the diligence, which is demanded by the nature of an obligation:
a. fraud;
b. negligence;
c. delay;
d. contravention of the tenor of obligation;
48. The general standard of diligence required in an obligation to give something:
a. provided by law;
b. stipulated by the parties;
c. diligence of a good father of a family;
d. all of the above.
49. An element of culpa contractual, as distinguished from culpa aquiliana:
a. the negligence of the defendant is merely an incident in the performance of obligation;
b. there may or may not be a pre-existing contractual relation;
c. the source of the obligation is the defendant’s negligent act or omission;
d. defendant’s negligence is substantive and independent.
50. Test of determining negligence:
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a. exercise of reasonable care and vigilance which a man of ordinary prudence would
have employed under similar circumstances;
b. exercise of extra-ordinary diligence;
c. use of care of a prudent man;
d. presence of due diligence.
51. No person shall be responsible for those events which could not foreseen, or which, though
foreseen, were inevitable except those:
a. expressly provided by law;
b. expressly declared by stipulation;
c. when the nature of the obligation requires assumption of risk;
d. all of the above;
e. none of the above.
52. A creditor’s right to the fruits of the object from the time the obligation to deliver arises:
a. personal right or jus in personam;
b. real right or jus in rem;
c. inchoate right;
d. absolute right.
53. Delivery of a determinate thing includes the delivery of:
a. accessories;
b. accessions;
c. alluvium;
d. all of the above.
54. The principal remedy of the creditor to protect his credit:
a. to exhaust all properties in the possession of the debtor;
b. to be subrogated to all of the rights and actions of the debtor save those which are
inherent in his person;
c. to impugn all the acts which the debtor may have done to defraud him;
d. all of the above;
e. none of the above.
55. All rights acquired in virtue of an obligation are transmissible, what is the exception?
a. purely personal rights;
b. by provision of law;
c. by stipulation of the parties;
d. all of the above.
56. An obligation characterized by the quality of immediate demandability:
a. pure;
b. conditional;
c. solidary;
d. joint;
e. alternative.
57. If Pedro promises to give Juan P10,000.00 if the latter will not harm Petra, what is the legal
consequence?
a. the obligation is void;
b. the obligation becomes pure;
c. the obligation is subject to impossible condition;
d. none of the above.
58. An event that is both future and uncertain upon which the existence or extinguishment of an
obligation is made to depend:
a. fortuitous event;
b. condition;
c. period;
d. day certain.
59. A past event unknown to the parties may be considered a condition:
a. when it is future knowledge or proof of past event;
b. when it is the past event itself;
c. when the past event is unknown to both parties;
d. none of the above.
60. If the debtor promises to pay a previous loan of P10,000.00 to the creditor on or before
November 2022 provided that he (debtor) is in Manila, the obligation is:
a. subject to potestative condition and void;
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b. subject to potestative condition and valid;

c. subject to casual condition and valid;
d. subject to mixed condition and valid.
61. The fulfillment of the condition depends upon chance or will of a third person:
a. potestative;
b. casual;
c. mixed;
d. impossible.
62. Mario binds himself to give a car to his sister if she becomes a certified public accountant
before year 2020, the obligation is subject to:
a. positive condition;
b. negative condition;
c. mixed condition;
d. divisible condition.
63. There is constructive fulfillment of a condition when:
a. the obligor voluntarily prevents the fulfillment of a suspensive condition or condition
precedent;
b. the obligor voluntarily prevents the fulfillment of a resolutory condition or condition
subsequent;
c. there is impossible condition;
d. none of the above;
64. Effect of fulfillment of a resolutory condition in an obligation to give:
a. return to status quo before the constitution of obligation;
b. acquisition of real right;
c. demandability of expectant right;
d. none of the above;
e. all of the above.
65. Effects of fulfillment of a suspensive conditional obligation to give:
a. they retroact to the day of the constitution of the obligation;
b. they are prospective;
c. the obligations are extinguished;
d. none of the above.
66. What is the nature of breach to enable the injured party to file an action for rescission of the
obligation?
a. casual breach;
b. slight breach;
c. substantial and fundamental breach;
d. none of the above.
67. An obligation with period or term, as distinguished from a conditional obligation:
a. refers to an interval of time which is future and certain;
b. it exerts an influence upon the very existence of the obligation;
c. it has retroactive effects;
d. if left exclusively to the will of the debtor, the existence of the obligation is affected.
68. If Noreen binds herself to support Peter for three (3) years beginning today, Noreen’s
obligation is with a period and called:
a. in diem;
b. ex die;
c. legal;
d. judicial.
69. A period or term, as distinguished from a condition:
a. refers to a past event unknown to the parties;
b. it may or may not happen;
c. always refers to the future and is sure to happen or arrive;
d. either gives birth to an obligation or terminates an existing obligation.
70. An instance where the obligation is deemed one with a period:
a. when the debtor binds himself to pay when his means permits him to do so;
b. when the obligor promises to pay as soon as possible;
c. a commitment to pay little by little;
d. all of the above.
71. An instance where the debtor shall lose every right to make use of the period:
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a. insolvency of the debtor after the execution of the contract;

b. debtor’s failure to provide the creditor the promised guaranties or securities;
c. mere attempt to abscond;
d. all of the above;
e. none of the above.
72. Alternative and facultative obligations are kinds of:
a. multiple obligations;
b. conjunctive obligations;
c. distributive obligations;
d. collective obligations.
73. As a general rule in alternative obligations, the right of choice:
a. belongs to the creditor;
b. belongs to the debtor;
c. is given to the third person;
d. is always subject to stipulation of the parties.
74. In alternative obligations, what is the remedy of the debtor if through the fault of the creditor
he (debtor) cannot make a choice according to the terms of the obligation?
a. comply the obligation with the least expense;
b. perform the obligation which is practicable;
c. the debtor may rescind the contract with damages;
d. the debtor may ask the court to make the choice.
75. When there is concurrence of two or more creditors or of two or more debtors in the one and
the same obligation, the obligation is:
a. joint;
b. solidary;
c. either joint or solidary;
d. joint and solidary.
76. Each of the obligors is liable for the entire obligation and each of the creditors is entitled to
demand entire compliance with the prestation from any of the debtors:
a. solidary obligation;
b. real solidarity;
c. passive solidarity;
d. active solidarity.
77. Alex and Bob are solidary debtors of Cathy and Debbie, solidary creditors to the amount of
P2,000.00. If Cathy waives the whole obligation in favor of Alex, what is the legal consequence?
a. the obligation is extinguished;
b. the obligation is extinguished without prejudice to Debbie collecting her share from
Cathy while Alex has no right to collect from Bob;
c. the obligation is extinguished but Cathy has an obligation to pay Debbie P1,000.00 and
Alex has the right to demand payment from Bob the amount of P1,000.00;
d. the obligation is only partially extinguished.
78. Assuming in the immediately preceding question that upon maturity of the obligation,
Debbie extends for one year Bob’s obligation to pay his portion of the obligation, choose the
legal effect of the extension:
a. Alex and Bob should only pay half of the obligation;
b. Alex and Bob should pay the whole obligation;
c. only Alex should pay half of the obligation;
d. only Alex should pay the whole obligation.
79. What is the effect of breach of joint indivisible obligation by one of the obligors?
a. it is converted to indemnity for damages
b. it becomes due and demandable;
c. the creditor may sue for specific performance and damages;
d. the other obligors are compelled to answer for the liability of the defaulting obligor.
80. An obligation where the prestation or object cannot be performed by parts without affecting
or destroying its essence or substance:
a. indivisible;
b. divisible;
c. uniform solidarity;
d. varied solidarity.
81. An example of indivisible obligation:
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a. to give a definite thing;

b. execution of a certain number of days of work;
c. accomplishment of work measured by metrical units;
d. the obligation is susceptible of partial performance.
82. In an obligation with a penal clause, the penalty takes the place of:
a. indemnity for damages and payment of interests in case of non-compliance;
b. prestation in case of breach;
c. principal obligation;
d. none of the above;
e. all of the above.
83. An indebtedness is deemed paid when:
a. the full amount has been delivered;
b. the thing in which the obligation consists has been completely delivered;
c. the service for which the obligation consisted has been completely rendered.
d. all of the above;
e. none of the above.
84. What is the effect when payment is made without the knowledge of or against the debtor’s
will?
a. the obligation is extinguished;
b. the payer is entitled to be reimbursed for the full amount he paid;
c. the payer is entitled to be reimbursed only up to the amount or extent by which the
debtor was benefited;
d. the obligation is not extinguished.
85. The following are special forms of payment, except:
a. application of payment;
b. dation in payment;
c. payment by cession;
d. tender of payment.
86. The following are requisites of application of payments, except:
a. there must be one debtor and one creditor;
b. the debtor must be insolvent;
c. there must be two or more debts of the same kind;
d. all of the debts must be due;
e. the payment must not be sufficient to cover all the debts.
87. Effect of payment by cession on the entire obligation:
a. the entire obligation is extinguished;
b. the debtor is released from his obligation only up to the net proceeds of the sale the
property assigned;
c. acceptance by the creditors makes them owners of the property;
d. the property is converted into a collateral.
88. Tender of payment is defined as:
a. the act of depositing the thing or amount with the proper court when the creditor does
not desire or cannot receive it, after complying with the formalities prescribed by
law;
b. the act of offering the thing or amount due;
c. the assignment or abandonment of the properties of the debtor;
d. the designation of the debt to which should be applied the payment made.
89. Generally, tender of payment alone without consignation cannot discharge the obligation,
however, in which of the following instances that consignation alone extinguishes an obligation?
a. when the creditor is absent or unknown, or does not appear at the place of payment;
b. when the creditor is incapacitated to receive the payment, or without just cause refuses
to give a receipt;
c. when two or more persons claim the same right to collect;
d. all of the above;
e. none of the above.
90. When will loss of the thing due extinguish an obligation?
a. loss of generic things;
b. when the nature of the obligation requires the assumption of risk;
c. in obligations to deliver determinate things, the debtor is without fault before he has
incurred delay;
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d. when the obligation to deliver a specific thing arises from a crime.

91. If the impossibility of prestation existed from the inception of the contract, the contract is:
a. valid but the debtor is released from his obligation;
b. void;
c. voidable;
d. unenforceable.
92. Condonation is also known as or has the effect of:
a. donation;
b. remission;
c. a gratuitous act;
d. none of the above;
e. all of the above.
93. What is the presumption in case the thing pledged, after delivery to the creditor, is found in
the possession of the debtor?
a. the principal obligation has been remitted;
b. the obligation of pledge has been remitted;
c. all obligations have been remitted;
d. the obligations still exist.
94. It is the meeting in one and the same person of the qualities of creditor and debtor with
respect to one and the same obligation:
a. compensation;
b. novation;
c. confusion;
d. consolidation.
95. Compensation, as distinguished from payment:
a. as a rule, it takes effect by operation of law;
b. capacity to give and to acquire is essential;
c. as a rule, it is complete and indivisible;
d. it is perfected upon agreement of the parties.
96. Which of the following is not a requisite of compensation?
a. the parties must be mutual creditor and debtor of each other;
b. both debts consist in a sum of money, or if things due are consumable, they be of the
same kind and also of the same quality if the latter has been stated;
c. the debts be due, liquidated and demandable;
d. neither of the debt has any retention or controversy commenced by third persons
communicated in due time to the debtor.
97. Choose the obligation that is not subject to compensation:
a. those arising from a depositum or from obligations of a depositary or of a bailee in
commodatum;
b. debts or claims for support due by gratuitous title;
c. those consisting in civil liability arising from penal offense;
d. all of the above.
98. Novation is the extinguishment of an obligation by a subsequent one through:
a. changing the object or principal conditions;
b. substituting the person of the debtor;
c. subrogating a third person in the rights of the creditor;
d. all of the above;
e. none of the above.
99. Classes of personal novation, except:
a. expromision;
b. pour autrui;
c. delegacion;
d. subrogation.
100. In this case, if the new debtor does not fulfill or is insolvent, the creditor cannot hold the old
debtor liable:
a. expromision;
b. delegante;
c. delegacion;
d. animo novendi.
101. An instance when legal subrogation is presumed:
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a. when a creditor pays another creditor who is preferred without the debtor’s knowledge;
b. when a third person not interested in the obligation, pays without the approval of the
debtor;
c. when a solidary co-debtor pays the obligation;
d. none of the above;
e. all of the above.
102. Assignment of credit or rights, as distinguished from conventional subrogation:
a. extinguishes the original obligation and creates a new one;
b. notification is enough for its validity;
c. the defect in the old obligation may be cured such that the new obligation becomes
valid;
d. consent of the debtor is necessary.
103. Mr. Credie lent P5,000.00 to Mr. Detor. With the consent of Mr. Detor, Ms. Thirdy paid
Mr. Credie the amount of P3,000.00. When the obligation matured, Mr. Detor has only
P3,000.00, who is preferred between Mr. Credie and Ms. Thirdy?
a. no one is preferred because Mr. Detor has the right to make application of payments;
b. Mr. Credie is preferred as expressly provided by law;
c. Ms. Detor is preferred as she substituted Mr. Credie as creditor of Mr. Detor;
d. none of the above.

True or false:
a. The object of an obligation is not a thing but a particular conduct of the obligor.
b. The prestation should be susceptible of pecuniary appreciation.
c. In obligations derived from law, consent of the parties is not required.
d. Every person obliged to give something is also obliged to take care of it with the
proper diligence of a good father of a family.
e. In an obligation to deliver a determinate thing, the creditor has a real right to the
fruits of the thing from the time the obligation to deliver it arises.
f. The obligation to give a determinate thing includes that of delivering all its accessions
and accessories, even though they may not have been mentioned.
g. If a person obliged to do something fails to do it or if he does it in contravention of the
tenor of the obligation, the same shall be undone at his expense.
h. In reciprocal obligations, when one party is able and willing to perform his part of the
contract, the other party incurs in delay without need of demand.
i. The debtor’s liability for future fraud can be waived.
j. Every obligation which contains a resolutory condition is demandable at once.
k. When the debtor binds himself to pay when his means permit him do so, the obligation
is one with a period.
l. The condition not to do an impossible thing shall be void.
m. Whenever in an obligation a period is designated, it is presumed to have been
established for the benefit of the debtor.
n. In alternative obligation, the debtor may rescind the contract with damages if he
cannot make a choice according to the terms of the obligation because of the
creditor’s act.
o. In facultative obligation, the loss of the substitute before substitution does not affect
the debtor’s liability to deliver the principal thing.
p. When two persons are liable under a contract, and no words appear in the contract to
make each liable for the entire obligation, the presumption is that their obligation
is joint.
q. The indivisibility of an obligation does not necessarily give rise to solidarity.
r. Solidarity requires that the parties be bound in the same manner.
s. Payment made by a third person who does not intend to be reimbursed by the debtor
requires the debtor’s consent.
t. Cession involves transfer of ownership of the things to the creditors.
u. The debtor in obligations to give shall be released when the prestation becomes legally
or physically impossible without the fault of the obligor.
v. When the performance of an obligation has become so difficult as to be manifestly
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beyond the intention of the parties, the obligation is extinguished.

w. Confusion extinguishes a joint obligation.
x. When all the requisites of compensation are present, compensation takes effect
automatically ipso jure whether the parties are aware of it or not.
y. A void obligation cannot be novated but a voidable obligation may be novated before it
is annulled.
z. In expromision, the substitution of the old debtor by a new debtor may be made
without the consent of the old debtor or even against his will. However, the
consent of the creditor is mandatory.
aa. The presence of impossible condition in an obligation annuls the obligation and
condition.
bb. When a debtor pays his creditor by mistake during the pendency of the suspensive
condition, the former may recover what he has paid from the latter and this case is
an example of solutio indebiti.
cc. In passive solidarity, the debtor can proceed against any of the solidary debtors, or
some of the solidary debtors, or all of the solidary debtors simultaneously.