Lance Herson E.

Pascual 3/31/22

Block AC-104 BSA-1

Module III, Activity Part II. (pages 12-13)

Activity 2

1. What is the nature of the obligation involved?

- It is a generic real obligation when they have to pay 900,000 and then becomes a specific real
obligation when they change the payment for a particular vehicle.

2. Can Dario file an action to compel the delivery of the car against Ana only? Why?

- No. It is indivisible therefore Dario has to file against all the debtors for compliance.

3. What is the best course of action for Dario so that the obligation is enforced?

- Dario should file against the debtor, which will convert the liability into a liability for damages. This
will cause debtors to pay the same amount based on the price of the particular vehicle. Debtors who
disagree will be responsible for compensation.

4. If the case is filed by Dario for damages against the three of them, how much is the liability of
Ben and Car? How about Ana?
- Ana, Ben, and Carl will split the car's value equally. This value will be the obligation of each debtor,
but the reluctant debtor, Ana, will pay damages in addition to her share of the payment.

Module IV, Exercises (page 9).

1. What are the effects of payment by a third person?

The effects are:

- Whenever a third person pays the debt of the debtor without knowledge of the debtor, then he
can only recover the amount paid in which the debtor has been benefited.
- Whenever a third person pays the debt of the debtor with the knowledge of the debtor, then he
can recover the amount paid plus he may ask the creditor to subrogate him of his right.

2. Differentiate Dacion En Pago from Cession.

- Dacion en Pago has one creditor, the creditor becomes the owner of the thing given, does not
involve all property, and is an act of novation. While Cession has several creditors, the creditors only
acquire the right to sell the thing and apply the proceeds to their credits proportionately, extend to
all properties of the debtor, and is not an act of novation.
 3. What are the requisites of a valid consignation?

The requisites are:

 existence of a valid debt which is due;

 tender of payment and refusal without justifiable cause by the creditor to accept it;
 previous notice of consignation to persons interested in the fulfillment of the obligation;
 consignation of the thing or sum due;
 subsequent notice of consignation made to the interested parties.

4. What are the two types of condonation as to date of effectivity?

The 2 types are:

 Inter vivos- effective during the lifetime of the donor

 Mortis cause- effective upon death of the donor. It must comply with the formalities of will.

5. When is compensation legal by its origin? And when voluntary?

- Compensation is legal by its origin when it takes place by operation of the law even without the
knowledge of the parties.

- Compensation is legal voluntary when it takes place by agreement of the parties. The parties may
agree upon the compensation of debts which are not yet due.

6. Differentiate Subrogation from Substitution.

- Substitution is when the debtor's person is substituted. In contrast, Subrogation is when the third
person is subrogated in the creditor's rights.

7. Differentiate Expromission from Delegacion.

- Expromission takes place when a third party, on its initiative and without the knowledge or will
of the original debtor, fulfills a third party's obligation with the creditor's consent and requires
the permission of the creditor and third parties. In contrast, Delegacion occurs when the
creditor accepts that a third party replaces the debtor at the latter's request, and all parties
agree.