ICCT Colleges Foundation, Inc.

Law on Obligations and Contracts (CBBL-01)

CHAPTER 3 ESSAY:
Direction: Explain the following statements/question in not less than 5
sentences.
1. A is obliged to give B her college ring. If she fails to do so, she must
give P10,000.(explain your answer)(5points)
A. Alternative obligation
->> In this statement the obligor is A while the obligee is B. A is obliged to give B
her college ring if not A fails to give her the ring then A must give P10, 000 to B.
The delivery of a ring is sufficient to comply with the obligation, the performance
must complete. B cannot be compelled to accept other items unless it is a P10,
000 pesos. The creditor cannot be compelled to receive an items if it is not a ring
or P10, 000 pesos for the satisfaction of the obligation.

B. Conjoint obligation
->> In this statement A is obliged to give B her college ring there can be no
problem because A is liable to B to give her college ring and if A fails she must give
B a P10, 000. The person entitled to demand the payment is B. In conjoint
obligation the situation shall be in a different light. To be able to acquire a
conjoint obligation, A shall be obliged to give B her college ring and to give
P10,000 as well.

C. Facultative obligation
->> A facultative obligation is one where only one prestation is due but the
debtor may substitute another. As I said earlier A is the obligor and B is the
obligee. A is obliged to give B her college ring. If the prestation fails to be granted
the debtor or the obligor may substitute another. If A fails B to give her college
ring A, in substitute for the ring she must give B P10, 000
D. Obligation with a penal clause
->> In the situation A is obliged to give B her college ring, if A fails B to give her
the ring then A is liable for the damages. If A fails to ive B the ring then she has a
penalty in the amount of P10,000. If A did not comply her obligations then B can
decide what to do.

2. Distinguished Payment by cession from dation in payment.(5points)

->> Payment by cession and dation in payment is a special form of payment.
Payment by cession it is the assignment or abandonment of all the properties of
the debtor for the benefit of his creditors in order that the latter may sell the
same and apply the proceeds thereof to the satisfaction of their credits. While
dation in payment it is a special form of payment because it is not the ordinary
way of extinguishing an obligation. The law of sales governs because dation in
payment may be considered a specie of sale in which the amount of the money
debt becomes the price of the thing alienated