Discussions

1. Has the debtor the right to recover what he has paid to the creditor before the arrival of the period
agreed upon? Explain.

 In article 1195 anything paid or delivered before the arrival of the period the obligor being
unaware of the period or believing that the obligation has become due and demandable, may be
recovered with the fruits and interest. In that yes, the debtor has the right to recover what he
has paid to the creditor before the arrival of the period agreed upon because the debtor paid
“by mistake” (solutio indebiti)

2. If an obligation does not state a period for its performance, has a party the right to ask a court to fix a
period or the duration thereof? Explain.

 Yes, the court has the right to fix the period or the duration of the period because according to
article 1197 if an 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.

3. Give the cases when the obligee can demand the performance of an obligation even before the arrival
of the period agreed upon.

 According to article 1198 The debtor shall lose every right to make use of the period
- When the debtor becomes insolvent
- When the debtor does not furnish guaranties or securities promised
- When guaranties or securities given have been impaired or have disappeared
- When debtor violates an undertaking
- When the debtor attempts to abscond
Discussions:

1. What are the limitations on the right of choice of the debtor in alternative obligations? Illustrate one
such limitation.

 Article 1200 stated that the debtor shall have no right to choose those prostrations which are
impossible, unlawful or which could not have been the object of the obligation.
Example: Mr. Lim a pharmaceutical company promised to deliver to a Cargo ship unregisters or
not FDA approved medical drugs and 2 other approved medical drugs. In this the cargo ship is
only limited to choose the medical drugs that are approved by FDA. Since the unregister medical
drugs is unlawful or against the law.

2. Give the situation when the debtor is given the option either to exercise his right of choice or to
rescind the contract with damages.

 According to Article 1203. If through the creditor’s acts, the debtor cannot make a choice
according to the terms of the obligation, the letter may rescind the contract with damages.

3. State the legal effects in case:

a. some of the objects of the obligation are lost through the fault of the debtor who has the right of
choice.

 According to Article 1204, if the object of the obligation is lost through the debtor’s fault, the
debtor is not liable since he has the right of choice and the obligation can still be performed.

b. all are lost through his fault.

 In Article 1204, if all are lost the creditor shall have the right to indemnity for damages since the
obligation can no longer be complied with.
 DISCUSSIONS

1. If there are two or more debtors in one and same obligation, is their liability joint or solidary?

 According to article 1207, there is only solidary liability only when the obligation expressly so
states, or when the law or the nature of the obligation requires solidarity. In joint obligation all
debtors will fulfilled promptly the obligation. On the other hand in solidary obligation one or
each one of the debtors is bound to render then one of the debtor can get reimbursement of his
payment from other debtor.

2. In case of active solidarity, to whom shall the debtor or debtors make payment?

 According to Article 1214, the debtor may pay any one of the solidary creditors but if there is a
demand judicial or extrajudicial made by one of them payment should be made to him first.

3. Give the effect of the condition or remission of a debt by one several creditors where:

a. the obligation is joint

- according to Article 1215, when the obligation is joint the condition will only affect the
share of the specific debtor. In that the obligation of the debtor is not yet extinguished so the co- debtor
is still liable to pay their proportionate shared.

b. the obligation is solidary

- According to Article 1215, if the obligation is solidary, the creditor who executed the condition
and the remission should be liable to other creditors for their corresponding shares.

4. In case a remission is made by a creditor of the share of one of the solidary debtors, is the said debtor
released from responsibility to his co-debtor/s? Explain.

 The debtor is not free from his responsibility to the other debtors. Because if the other debtor
was not able to pay or if he is insolvent, the other debtor is still responsible to pay the share of
other debtor.

5. Suppose a solidary debtor obtain remission of the whole obligation, is he entitled to reimbursement
from his co-debtor/s? Explain.

 According to Article 1220, the remission of the whole obligation obtain by one of the solidary
debtors, does not entitle him to reimbursement from his co-debtors because who obtains
remission pays nothing to the creditor.
Discussions:

1. Explain: The divisibility of an obligation is different from the divisibility of the thing which is the object
thereof.

According to Article 1223, the divisibility of an obligation refers to the object of which, in its delivery or
performance is capable of partial fulfilment While, the divisibility of the thing talks about the object
itself.

2.What obligations are deemed indivisible?

 Obligations to give definite things.

 Obligations which are not susceptible of partial performance
 Obligations provided by law to be indivisible even if thing or service is physically divisible
 Obligations intended by the parties to be indivisible even if thing or service is physically divisible.

3. What obligations are deemed divisible?

 Obligations which have for their object the execution of a certain number of days of work.
 Obligations which have for their object the accomplishment of work by metrical units
 Obligations which by their nature are susceptible of partial performance
Discussions:

1. What are the purposes of incorporating a penal clause to an obligation?

 In article 1226, The purposes of incorporating a penal clause to an obligation are to insure their
performance by creating an effective deterrent against breach, making the consequence of such
breach as onerous as it may be possible and to substitute a penalty for the indemnity for
damages and the payment of interests in case of non- compliance or to punish the debtor for
the non- fulfillment or violation of his obligation.

2. In an obligation with a penal clause, may the creditor still recover damages and interests in addition to
the stipulated penalty?

 The creditor in addition to the penalty, may recover damages and interests when so stipulated
by the parties, or when the obligor refuses to pay the penalty, in which case the creditor may
recover legal interest thereon, or when the obligor is guilty of fraud in the fulfillment of the
obligation, in which case the creditor may recover damages caused by such friend.

3. In what cases may the debtor validly object to the enforcement of the stipulated penalty?

 According to Article 1227, the debtor can object the enforcement of the stipulated penalty
when the debtor already performed his obligation or when the creditor decided to require
fulfillment of the obligation.

II. Discussions
1. What are the purposes of incorporating a penal clause to an obligation?
According to Article 1226, the purposes of incorporating a penal clause to an
obligation are to insure their performance by creating an effective deterrent
against breach, making the consequences of such breach as onerous as it
may be possible and to substitute a penalty for the indemnity for damages
and the payment of interests in case of non-compliance; or to punish the
debtor for the on-fulfillment or violation of his obligation.
2. In an obligation with a penal clause, may the creditor still recover
damages and interests in addition to the stipulated penalty?
According to Article 1226, the creditor may still recover damages and
interests in addition to the stipulated penalty when so stipulated by the
parties, or when the obligor refuses to pay the penalty, in which case the
creditor may recover legal interest thereon
or when the obligor is guilty of fraud in the fulfillment of the obligation, in
which case the creditor may recover damages caused by such fraud.
3. In what cases may the debtor validly object to the enforcement of the
stipulated penalty?
According to Article 1227, the debtor can object the enforcement of the
stipulated penalty when there is a performance already from the debtor or
when the creditor has decided to require fulfillment of the obligation.