Professional Documents
Culture Documents
OBLICON #1
ANSWER: FALSE
Article 1144. The following actions must be brought within ten years from the time the right of
action accrues:
2. If the substitution of the person of the debtor is without the knowledge of the debtor,
the new debtor’s non-fulfillment of the obligations shall not give rise to any liability on
the part of the original debtor.
ANSWER: TRUE
Article 1294. If the substitution is without the knowledge or against the will of the debtor, the
new debtor's insolvency or non-fulfillment of the obligations shall not give rise to any liability
on the part of the original debtor.
3. A thing is indeterminate if it is not physically segregated from all others of the same
class.
still be determinate not
ANSWER: FALSE
-
,
not absolute .
A
thing may
even
if physically
segregated car particularly designated
is
-
The requisite that a thing be determinate is satisfied if at the time the contract is entered into, the
thing is capable of being made determinate without the necessity of a new or further agreement
between the parties.
4. In obligation with a term, the obligation becomes due and demandable upon the arrival
of the period.
ANSWER: FALSE
-
,
the term or period has no
effect upon
the existence
of
the
obligation ,
but
5. If a person obliged to do something fails to do it, the creditor may compel the debtor to
-
ANSWER: FALSE
6. Whenever the public 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.
ANSWER: FALSE
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.
7. The debtor may pay any one of the solidary creditors; but if any demand, judicial or
extrajudicial, has been made by one of them, payment should be made to him.
ANSWER: TRUE
Article 1214. The debtor may pay any one of the solidary creditors; but if any demand, judicial
or extrajudicial, has been made by one of them, payment should be made to him.
ANSWER: FALSE
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.
ANSWER: FALSE
10. In conjunction obligation, the right of choice belongs to the debtor, unless it has been
expressly granted to the creditor.
ANSWER: FALSE
Article 1200. The right of choice belongs to the debtor, unless it has been expressly granted
to the creditor.
The debtor shall have no right to choose those prestations which are impossible, unlawful or which
could not have been the object of the obligation.
- The debtors are bound solidarily, hence, any one of them may be made to pay the
whole amount of the obligation.
- “Jointly and severally” means solidary.
12. On January 1, 2018, A signs a promissory note and binds himself to pay X
P100,000.00 plus 15% per annum interest on June 30, 2018.
- The law presumes that the period is for the benefit of both debtor and creditor. In
this case, the period allows the debtor to raise money to pay the obligation, while
the creditor has interest.
a. An action for specific performance will lie against both Bertuflo and Claudio.
b. Both Bertulfo and Claudio shall be liable for P50,000.00 each with damages.
c. Bertulfo shall be liable for P50,000 with damages and Claudio shall be liable for
P50,000 without damages.
d. Either Bertulfo or Claudio can be held liable for P100,000.00 with damages.
- The obligation is joint and indivisible but it has become impossible to perform due
to the fault of one of the debtors. Thus, the obligation is converted to a monetary
obligation with damages for the debtor at fault.
debtor
the
only
y
14. In an obligation where only one (1) prestation has been agreed upon, but to
extinguish the obligation, the debtor is allowed to render another prestation, the
obligation is: > not covered the ce ; thin an 2 or more Creditors and 2 1 mom debtors
[ but
by mnenpuam
in the alternative
a. Disjunctive obligation they
are named
disjunctively as DOC
iron of
^
th payment of interest
Penalty shall substitute the for damages &
b. Obligation with penal clause
indemnity
-
c. Alternative obligation-
them are the
various prestob-me ally awhich constitute poult ofthe dilator obligation
d. Joint obligation-
each of the debtor is viable
only
for part of
proportionate
proportionate part of the credit
e. None of the Above each creditor B enlitud to
only a
- Correct answer is when the choice has been communicated to the other party.
16. It refers to a joint obligation:
a. One in which either one of the parties is indispensable and the other is not necessary.
b. One in which the obligation of one is a resolutory condition of the obligation of the other, the
non fulfillment of which entitles the other party to rescind the contract.
c. One in which each of the debtors is liable only for a proportionate part of the debt and
each creditor is entitled only for a proportionate part of the credit.
d. One in which each debtor is liable for the entire obligation, and each creditor is entitled to
demand the whole obligation.
17. A and B are solidary debtors of X and Y, solidary creditors to the amount of
P100,000.00. On the due date, X remitted in favor of A the entire obligation. Which of the
following is correct? ↳ a release debt
of
a. B shall give A P50,000.00
b. Y can still collect from B P50,000.00
c. X can still collect from B P50,000.00
d. Neither X nor Y can collect from B
e. None of the above
18. The creditor has the right to the fruits of the thing from:
Article 1164. The creditor has a right to the fruits of the thing from the time the obligation to
deliver it arises. However, he shall acquire no real right over it until the same has been delivered to
him.
19. The issue of who has the right to choose may not occur in:
a. Conjunctive obligations
b. Facultative obligations
c. Alternative obligations
d. Both a and b
e. a, b and c
f. None of the above
Article 1200. The right of choice belongs to the debtor, unless it has been expressly granted
to the creditor.
The debtor shall have no right to choose those prestations which are impossible, unlawful or which
could not have been the object of the obligation.
20. . D obliged himself to give C, object No. 1 valued P15,000.00; or object No. 2 valued
P10,000.00; or object 3 valued P5,000.00. All the objects were lost due to D’s fault in the
order as stated. If C has the right to choose:
Article 1200. The right of choice belongs to the debtor, unless it has been expressly granted
to the creditor.
The debtor shall have no right to choose those prestations which are impossible, unlawful or which
could not have been the object of the obligation.
URIBE2 1st QUIZ v.2
OBLICON #1
1. An obligation is a contract.
ANSWER: FALSE.
2. 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.
ANSWER: FALSE.
Article 1163. 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.
3. If the obligation delays, or has promised to deliver the same thing to two or more
persons, he shall be responsible for any fortuitous event until he has effected the
delivery.
ANSWER: FALSE.
Article 1165. When what is to be delivered is a determinate thing, the creditor, in addition to the right
granted him by article 1170, may compel the debtor to make the delivery.
If the thing is indeterminate or generic, he may ask that the obligation be complied with at the
expense of the debtor.
If the obligor delays, or has promised to deliver the same thing to two or more persons who
do not have the same interest, he shall be responsible for any fortuitous event until he has
effected the delivery.
4. Every person criminally liable for a felony is also civilly liable.
ANSWER: FALSE.
ANSWER: FALSE.
- Not solutio indebiti because solutio indebiti is if something is received when there
is no right to demand it, and it was unduly delivered through mistake, the
obligation to return it arises.
ANSWER: FALSE.
7. If the contract does not state the diligence which is to be observed in the performance,
that which is expected of a good father of a family shall be required
ANSWER: TRUE
Article 1173. The fault or negligence of the obligor consists in the omission of that diligence which is
required by the nature of the obligation and corresponds with the circumstances of the persons, of
the time and of the place. When negligence shows bad faith, the provisions of articles 1171 and
2201, paragraph 2, shall apply.
If the law or contract does not state the diligence which is to be observed in the performance,
that which is expected of a good father of a family shall be required.
8. Every obligation when contains a condition shall also be demandable without
_
ANSWER: FALSE.
ANSWER: TRUE.
10. Obligations with a resolutory period take effect at once but terminate upon arrival of
the day certain.
ANSWER: TRUE.
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.
11. Whenever in an obligation a period is designated, it is for the benefit of both the
creditor and the debtor.
ANSWER: FALSE.
12. If the obligation does not fix a period, the courts shall fix the duration thereof.
ANSWER: FALSE.
- It does not mean the period is not fixed that Article 1196 will apply and that Courts
has the power already. It will still depend on the nature and circumstances of the
obligation.
13. The debtor may pay any one of the solidary creditors, but if any demand, judicial, or
extrajudicial has been made by one of them, payment should be made to him.
ANSWER: TRUE.
- Article 1214.
Article 1214. The debtor may pay any one of the solidary creditors; but if any demand, judicial
or extrajudicial, has been made by one of them, payment should be made to him.
14. The remission of the whole obligation, obtained by one of the solidary debtors, does
not entitle him to reimbursement from his co-debtors.
ANSWER: TRUE.
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
15. In obligations with a penal clause, the penalty shall substitute the indemnity for
damages and the payment of interest in case of non-compliance.
ANSWER: FALSE.
Article 1226. 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. Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or
is guilty of fraud in the fulfillment of the obligation.
The penalty may be enforced only when it is demandable in accordance with the provisions of this
Code.
16. When the obligee accepts the performance, knowing its incompleteness or
irregularity, the obligation is deemed fully complied with.
ANSWER: FALSE.
Article 1235. When the obligee accepts the performance, knowing its incompleteness or
irregularity, and without expressing any protest or objection, the obligation is deemed fully
complied with.
17. The creditor is not bound to accept payment or performance by a third person, unless
there is a stipulation to the contrary.
ANSWER: FALSE.
Article 1236. The creditor is not bound to accept payment or performance by a third person
who has no interest in the fulfillment of the obligation, unless there is a stipulation to the
contrary.
Whoever pays for another may demand from the debtor what he has paid, except that if he paid
without the knowledge or against the will of the debtor, he can recover only insofar as the payment
has been beneficial to the debtor.
18. The sources of obligations enumerated in Article 1157 of the NCC is exclusive.
ANSWER: TRUE.
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(5) Quasi-delicts.
19. Civil liability arising from the delict will always include restitution, reparation of the
damage caused and indemnification of consequential damages.
ANSWER: FALSE.
- Not always.
ANSWER: TRUE.
- It depends.
Passive subject (called debtor or obligor) – the person who is bound to the fulfillment of the
obligation; he was a duty.
Active subject (called creditor or oblige) – the person who is entitled to demand the
fulfillment of the obligation; he who has a right.
URIBE2 2nd QUIZ v.1
OBLICON # 2
1. If the obligation is payable “upon demand”, then the prescriptive period starts to run
from demand.
ANSWER: 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.
ANSWER: TRUE
Query: The effect of the happening of the condition or the arrival of the period is what?
A: It will extinguish the obligation
ANSWER: FALSE
- Because there is an exception, when there is an agreement that it is for the benefit of
one of them.
4. If the obligation does not fix a period, the courts shall fix the duration thereof.
ANSWER: 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; the obligation does not fix a
period
(3) did parties intended a period for the performance of the obligation. Etc.
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 may fix the duration thereof.
The courts shall also fix the duration of the period when it depends upon the will of the debtor.
In every case, the courts shall determine such period as may under the circumstances have
been probably contemplated by the parties. Once fixed by the courts, the period cannot be
changed by them.
5. The debtor shall lose every right to make use of the period when after the obligation
has been contracted, he becomes insolvent.
ANSWER: FALSE.
- He will not lose his right to make use of the period, if he can provide for a guarantee.
(Article 1198)
Article 1198. The debtor shall lose every right to make use of the period:
(1) When after the obligation has been contracted, he becomes insolvent, unless he gives
a guaranty or security for the debt;
(2) When he does not furnish to the creditor the guaranties or securities which he has promised;
(3) When by his own acts he has impaired said guaranties or securities after their establishment,
and when through a fortuitous event they disappear, unless he immediately gives new ones
equally satisfactory;
(4) When the debtor violates any undertaking, in consideration of which the creditor agreed to
the period;
Query: Is the consent of the creditor required as far as the guarantee is concerned?
A: Yes, the consent of the creditor is required because, baka ballpen lang ang ipang collateral
niya.
6. In alternative obligations, the debtor can no longer perform another prestation after
having communicated to the creditor the prestation performed.
ANSWER: 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.
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: FALSE
Article 1206. When only one prestation has been agreed upon, but the obligor may render
another in substitution, the obligation is called facultative.
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.
NOTE: There are two prestation here, one is the principal prestation and the other is the
substitute prestation.
8. The loss or deterioration of the thing intended as a substitute, through the negligence
of the obligor, does not render him liable.
ANSWER: TRUE
Article 1206. When only one prestation has been agreed upon, but the obligor may render
another in substitution, the obligation is called facultative.
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.
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”.
9. When the fulfillment of the condition depends upon the sole will of the debtor, the
condition shall be void.
ANSWER: FALSE
- Because it is not the condition which is void but rather the obligation.
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.
10. Impossible conditions shall be considered as not having been agreed upon.
ANSWER: FALSE
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.
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: 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.
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”.
- Pag resolutory demandable at once. Pure obligation is demandable at once and as long
as it is resolutory, it is also demandable at once.
*
tithe
•
• woo
14. “I promise to give A a car upon A’s passing the bar examinations.” The obligation is:
a. Resolutory
b. Casual
c. Positive
d. All of the above
e. None of the above
NOTE: Kasi ang tanong THE OBLIGATION, hindi THE CONDTION. A, B, and C are not
OBLIGATIONS but rather CONDITIONS
NOTE: An obligation ceases to be alternative when the choice has been COMMUNICATED.
- 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.
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
17. On January 1, 2017, A signed a promissory note binding himself to pay X P100,000.00
within six months.
a. Before the expiration of the 6-month period. A can be compelled to pay.
b. Before the expiration of the 6-month period. X cannot validly refuse an offer to pay.
-
c. Before the expiration of the 6-month period, while A cannot be compelled to pay, X also
cannot be compelled to accept payment.
d. Before the expiration of the 6-month period, while A can be compelled to pay, X cannot be
compelled to accept payment.
e. None of the above.
- 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: 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.
- 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
20. D obliged himself to give C, object No. 1 valued P15,000.00 or object no. 2 valued
P10,000.00; or object no. 3 valued P5,000.00. All the objects were lost due to D’s fault in
the order as stated. If C has the right to choose:
ang
.
'
- Because C has the right to choose. Thus, under article 1205 the creditor may choose
any of the value of the prestation with damages.
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.
Until then the responsibility of the debtor shall be governed by the following rules:
(1) If one of the things is lost through a fortuitous event, he shall perform the obligation by
delivering that which the creditor should choose from among the remainder, or that which
remains if only one subsists;
(2) If the loss of one of the things occurs through the fault of the debtor, the creditor may claim
any of those subsisting, or the price of that which, through the fault of the former, has
disappeared, with a right to damages;
(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.
The same rules shall be applied to obligations to do or not to do in case one, some or all of the
prestations should become impossible.
URIBE2 2nd QUIZ v.2
OBLICON # 2
1. When the fulfillment of the condition depends upon the sole will of the debtor, the
condition shall be void.
ANSWER: 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. 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.
ANSWER: 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.
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.
3. 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: 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.
4. Obligation with a resolutory period shall be demandable only upon the arrival of the
period.
ANSWER: 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.
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: FALSE
- Because there is an exception, when there is an agreement that it is for the benefit of
one of them
6. If the obligation does not fix a period, the courts shall fix the duration thereof.
ANSWER: 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 may fix the duration thereof.
The courts shall also fix the duration of the period when it depends upon the will of the debtor.
In every case, the courts shall determine such period as may under the circumstances have
been probably contemplated by the parties. Once fixed by the courts, the period cannot be
changed by them.
7. The debtor shall lose every right to make use of the period when after the obligation
has been contracted, he becomes insolvent.
ANSWER: FALSE
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.
f
8. A person alternatively bound by different prestations shall completely perform one of
them.
ANSWER: TRUE
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.
9. The choice shall produce no effect except from the time it has been communicated.
ANSWER: TRUE
Article 1201. The choice shall produce no effect except from the time it has been
communicated.
10. The loss or deterioration of the thing intended as a substitute, through the negligence
of the obligor, does not render him liable.
ANSWER: TRUE
- The obligor is not liable until the time the substitution has been made.
Article 1206. When only one prestation has been agreed upon, but the obligor may render
another in substitution, the obligation is called facultative.
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.
11. D obliged to give C a specific car if C passes the CPA Examination. This is an
example of: a
a pure obligation
b. an obligation with a suspensive condition
c. an obligation with a resolutory condition
d. an obligation with a suspensive period
e. an obligation with a resolutory period
- 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.
- 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.
- “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.
14. “I promise to give A a car upon A’s passing the bar examinations.” The condition in
this obligation is:
a. resolutory
b. casual
c. positive
d. all of the above
e. none of the above
- 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.
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.
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.
17. On January 1, 1999, A signed a promissory note binding himself to pay X P100,000 on
or before June 30, 1999.
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.
predation
payment. Is incorrect since (a) and (c) are incorrect.
①
of
18. . As to plurality of prestations, obligations are classified into, except:
a. alternative
-
plurality
b. joint
c. conjunctive
-
alternative
d. facultative -
conjunctive
- As to plurality of prestations, obligations are classified into:
a) Conjunctive
-
-
facultative
disjunctive
b) Alternative
c) facultative
conjunctive 19. The issue of who has the right to choose may not occur in:
a. Conjunctive obligations
4 b. Facultative obligations
facultative
c. Alternative obligations
d. Both a and b
e. a, b and c
- 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).
20. D obliged himself to give C, object No. 1 valued P15,000; or object No. 2 valued
P10,000; or object 3 valued P5,000. All the objects were lost due to D’s fault in the order
as stated. If C has the right to choose:
a. D’s obligation is extinguished.
b. D’s obligation is to pay the value of object no. 1 plus damages.
c. C’s right to demand the value of any of the objects plus damages.
d. D’s obligation is to pay the value of object no. 3 plus damages.
- 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.
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.
Until then the responsibility of the debtor shall be governed by the following rules:
(1) If one of the things is lost through a fortuitous event, he shall perform the obligation by
delivering that which the creditor should choose from among the remainder, or that which
remains if only one subsists;
(2) If the loss of one of the things occurs through the fault of the debtor, the creditor may claim
any of those subsisting, or the price of that which, through the fault of the former, has
disappeared, with a right to damages;
(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.
The same rules shall be applied to obligations to do or not to do in case one, some or all of the
prestations should become impossible.
URIBE2 2nd QUIZ v.3
OBLICON # 2
ANSWER: TRUE
- The condition not to do an impossible thing shall be considered as not having been
agreed upon = no condition = pure obligation.
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.
2. The creditor may, before the fulfillment of the condition, validly demand for the
fulfillment of the obligation.
ANSWER: TRUE
3. Obligations for whose fulfillment a day fixed a day certain has been fixed, shall take
effect at once, but terminate upon arrival of the day certain.
ANSWER: FALSE
- Such obligation will not take effect at once. Upon arrival of the day, it shall become due
and demandable.
4. Whenever in an obligation a period is designated, it is presumed to have been
established for the benefit of the debtor.
ANSWER: FALSE
5. The courts shall fix the duration of the period when it depends upon the sole will of the
debtor.
ANSWER: 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.
6. The debtor shall lose every right to make use of the period when the debtor violates
any undertaking in consideration of which the creditor agreed to the period.
ANSWER: 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.
7. The creditor may, before the fulfillment of the condition, bring the appropriate actions
for the preservation of his right.
ANSWER: TRUE
Article 1188. The creditor may, before the fulfillment of the condition, bring the appropriate
actions for the preservation of his right
8. 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.
ANSWER: TRUE
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.
9. The loss or deterioration of the thing intended as a substitute, through the negligence
of the obligor, does not render him liable.
ANSWER: TRUE
- Keyword is intended, wala pang actual substitution, so hindi magaapply yung next
sentence dyan sa codal provision.
Article 1206. When only one prestation has been agreed upon, but the obligor may render
another in substitution, the obligation is called facultative.
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.
10. 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.
ANSWER: 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
:
11.D obliged himself to allow C the use of his car until C passes the CPA Examination.
This is an example of:
a. a pure obligation
b. an obligation with a suspensive condition
c. an obligation with a suspensive period
d. an obligation with a resolutory period
e. None of the above.
- Resolutory condition. Condition is an event which may or may not happen. Hindi
period, kasi period is a space of time.
- The obligation only becomes due and demandable upon the arrival of the period.
13. “I promise to give A a car upon A’s passing the bar examinations.” The condition in
this obligation is:
a. Resolutory
b. Potestative
c. Negative
d. Impossible
e. None of the above.
14. In an obligation where only one prestation has been agreed upon, but to extinguish
the obligation the debtor is allowed to render another prestation is:
a. disjunctive obligation
b. obligation with a penal clause
c. alternative obligation
d. joint obligation
e. none of the above
- When the right of choice has been expressly granted to the creditor and his choice has
been communicated to the debtor.
- When among the several prestations that are due only one is practicable
- The law considers such condition void, because if the condition was based on the sole
will of the debtor, he might not comply with his obligation.
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.
Query: what if in this obligation, the condition was fulfilled (even if solely dependent upon the
will of the debtor), may the creditor validly demand for the performance of the obligation?
A: No. Because the obligation is void, there is nothing to be performed.
17. On January 1 2017, A signed a promissory note binding himself to pay X P100k on or
before June 30 2017.
a. Before June 30, 2017, X can validly refuse an offer to pay.
b. Before June 30, 2017 while A cannot be compelled to pay, X also cannot be compelled to
accept payment.
c. Before June 30, 2017, A cannot be compelled to pay, X can be compelled to accept
d. Before June 30, 2017 while A can be compelled to pay, X cannot be compelled to accept
payment.
e. A, B, and C are correct.
- The “on or before” phrase signifies that the period was made for the benefit of the debtor
- 2 or more creditors and 2 or more debtors but they are named disjunctively as debtors
and creditors in the alternative, e.g. A binds himself to pay P100 either to X or Y / A or B
will pay 100 to X. (The rules on solidary obligations must apply, because if rules on
alternative obligations will be applied, then the debtor will generally be given the choice
to whom shall he give payment.)
19. The issue of who has the right to choose may not occur in:
a. conjunctive obligations
b. disjunctive obligations
c. alternative obligations
d. both a and b
e. a, b, and c
- The right of choice is not available since all of the prestations must be performed.
20. D obliged himself to give C, object 1 valued at P15k; or object 2 valued P10k; or
object 3 valued P5k. All the objects were lost due to D’s fault in the order a stated. If D
has the right to choose:
a. D’s obligation is extinguished.
b. D’s obligation is to pay the value of object no. 1 plus damages.
c. C’s right to demand the value of any of the objects plus damages.
d. D’s obligation is to pay the value of object no. 3 plus damages.
e. None of the above.
- Alternative obligation, in relation to Article 1204. Value of the thing which was last lost
will be the basis. Nawalan ng choice si debtor unti unti, through his own fault.
Article 1204. The creditor shall have a right to indemnity for damages when, through the fault of
the debtor, all the things which are alternatively the object of the obligation have been lost, or
the compliance of the obligation has become impossible.
The indemnity shall be fixed taking as a basis the value of the last thing which disappeared, or
that of the service which last became impossible.
Damages other than the value of the last thing or service may also be awarded.
URIBE2 3rd QUIZ v.1
OBLICON # 3
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.
2. In a joint obligation with V, W, X, Y and Z as debtors and A and B as creditors in the
amount of P50,000.00, how much can V recover from his co-debtor if he paid the amount
that A can compel him to pay?
a. None
b. P10,000
c. P25,000
d. P50,000
e. None of the above
ANSWER: A.
- Because, he only paid his share of the obligation. He did not pay a single centavo on
behalf of his co debtors.
ANSWER: A.
- Because he only received his share of the debt. He did not receive a cent for his
co-creditor
ANSWER: D.
- Because the obligation is solidary, any of the creditors can demand the fulfillment of the
whole obligation from any of the debtors.
5. In a solidary obligation with V, W, X, Y and Z as debtors and A and B as creditors in the
amount of P50,000.00, how much can X recover from his co-debtors if he paid the amount
that A can compel him to pay?
a. None
b. P10,000
c. P25,000
d. P50,000
e. None of the above
ANSWER: E.
- X can recover the amount of P40,000. There being no stipulation as to the respective
shares, each debtor shall share 10,000.
ANSWER: C.
- 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.
7. In an active solidarity obligation with V, W, X, Y and Z as debtors and A and B as
creditors in the amount of P50,000.00, how much can A validly demand from V and W?
a. None
b. P10,000
c. P25,000
d. P50,000
e. None of the above
ANSWER: E.
- A can validly demand the amount of P20,000. 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.
Note: Although, yung 10,000 na yan, para yan sa dalawa para kay A and B yan kasi solidary
sila. Since solidary naman sila anyone of them can collect the entire 10k. That’s why it is correct
that the total amount that can be collected is 20k, because while the debtors are only jointly
liable, kanya kanya silang share, while the creditors are solidarily bound, bawat isa can be
compelled to pay 10k dalwa sila eh di 20k.
ANSWER: A.
- 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.
9. In an active solidarity obligation with V, W, X, Y and Z as debtors and A and B as
creditors in the amount of P50,000.00, how much should A give to B if V paid him that
amount he can compel V to pay?
a. None
b. P10,000
c. P25,000
d. P50,000
e. None of the above
ANSWER: E.
- A should give be the amount of 5k. 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.
10. In an obligation where the debtors V, W, X, Y and Z bound themselves individually and
jointly to A and B as joint creditors in the amount of P50,000.00 and V is insolvent, how
much can A validly demand from X?
a. None
b. P10,000
c. P25,000
d. P50,000
e. None of the above
ANSWER: C.
- A can demand the amount of 25k form X. 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.
11. In an obligation where the debtors V, W, X, Y and Z bound themselves individually and
jointly to A and B as joint creditors in the amount of P50,000.00 and V is insolvent, how
much can X recover from Y if he paid the amount that A can compel him to pay?
a. None
④
b. P10,000 A B
W ✗ Y 2
c. P25,000
ANSWER: E.
To 6H0@
- X can recover the amount of 6,250 pesos from Y. The Creditors are only jointly bound;
debtors are
thus, A can only compel the fulfillment of his share, on the other hand the creditors
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.
12. In an obligation where the debtors V, W, X, Y and Z bound themselves individually and
jointly to A and B as joint creditors in the amount of P50,000.00 and V is insolvent, how
much should A give to B if X paid him the amount he can compel X to pay?
a. None
b. P10,000
c. P25,000
d. P50,000
e. None of the above
ANSWER: A.
- A should give nothing to B. the creditors are jointly bound, thus A only received his share
of the obligation
13. In a joint obligation with V, W, X, Y and Z as debtors and A and B as creditors in the
amount of P50,000.00, where V is insolvent, how much can A validly demand from X?
a. None
b. P10,000
A
=2Jg¥ 5k
c. P25,000
d. P50,000 =
ANSWER: E.
- 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.
14. In a joint obligation with V, W, X, Y and Z as debtors and A and B as creditors in the
amount of P50,000.00, where V is insolvent, how much can X recover from Y if he paid
the amount that A can compel him to pay?
a. None
b. P10,000
c. P25,000
d. P50,000
e. None of the above
ANSWER: A.
- 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.
15. In a joint obligation with V, W, X, Y and Z as debtors and A and B as creditors in the
amount of P50,000.00, where V is insolvent, how much should A give to B if X paid him
the amount that he can compel X to pay?
a. None
b. P10,000
c. P25,000
d. P50,000
e. None of the above
ANSWER: A.
- 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: D.
- 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?
- 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.
insolvent -10k
☒
-
-1¥ =2⑤
a. P5,000
b. P10,000
c. P20,000
d. P40,000
e. None of the above
ANSWER: E.
- 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.
- not clear → share in the insolvent debtor ?
=-
c. P20,000
d. P40,000
404
e. None of the above
ANSWER: C.
- 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.
19. A and B are joint debtors of X and Y, who are solidarily bound in the amount of
P100,000.00. If X remits the whole obligation in favor of A without the consent of Y, how
much can Y recover from A?
0
a. None
b. P5,000
c. P10,000
d. P25,000
e. None of the above.
A: A.
- 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
Fitz
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.
20. A and B are joint debtors of X and Y, who are solidarily bound in the amount of
P100,000.00. If X remits the whole obligation in favor of A without the consent of Y, how
much can Y recover from X?
a. None
b. P5,000 ✗ -1
④ 50£ =④
c. P10,000
d. P25,000
☐ 50k =
e. None of the above.
ANSWER: D. remission
- 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.
URIBE2 3rd QUIZ v.2
OBLICON # 3
① joint obligation
-
In ,
heoreypoiudheaiued
- -
amount of P100,000.00, how much can A recover from his co-debtor if he paid the
amount that he can be compelled to pay?
①
a. None
b. 10,000.00
his share
of
c. 20,000.00
d. 40,000.00
the obligation/debt
Answer: A. None
- Because, he only paid his share of the obligation. He did not pay a single centavo on
behalf of his co debtors.
-
o
amount of P100,000.00, how much should X give to Y if A paid the amount that A can be
compelled to pay?
a. None
b. 10,000.00
c. 20,000.00
d. 40,000.00
e. None of the above
Answer: A. None
- Because he- only received his share of the debt. He did not receive a cent for his
co-creditor
÷
a. 240,000.00
b. 80,000.00
c. 60,000.00
d. 20,000.00
e. None of the above
Answer: A. P240,000
- Because the obligation is solidary, any of the creditors can demand the fulfillment of the
whole obligation from any of the debtors.
¥:# ÷÷
b. 80,000.00
c. 60,000.00
d. 20,000.00
-
e. None of the above
Answer: E. P180,000
- X can recover the amount of P180,000 . There being no stipulation as to the respective
shares, each debtor shall share P60,000 .
0
6. In a solidary obligation with W, X, Y and Z as debtors and A, B and C as creditors in the
amount of P240,000.00, how much should A give to B if X paid him the amount that he
- Ñ⑤
can compel X to pay?
a. 240,000.00
0
b. 80,000.00
c. 60,000.00
creditor
d. 20,000.00
e. None of the above
Answer: B. P80,000
- A should give to B the amount of P80,000.There being no stipulation as to the respective
shares, each creditor shall share P80,000 .
?⃝
7. In an active solidarity with V, W, X, Y and Z as debtors and A and B as creditors in the
amount of P400,000.00, how much can A validly demand from V & W?
a. 400,000.00
b. 200,000.00
-
c. 160,000.00
d. 80,000.00
e. None of the above
Answer: C. P160,000
- A can validly demand the amount of P160,000. 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 P80, 000 there being no designation
as to their amount of share.
Answer: A. 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: E. P40,000
- A should give be the amount of P40,000 . In active solidarity, the creditors are solidarilly
liable, thus A can compel V to pay P80,000. Thus, B=
- -
has a share of P40,000 in the
P80,000 , there being no designation of the amount of share.
10. In an obligation where the debtors – V, W, X, Y and Z bound themselves individually
and jointly to A and B as joint creditors in the amount of P400,000.00 and V is insolvent,
=2i
how much can A validly demand from X?
a. 400,000.00
b. 200,000.00
c. 50,000.00
d. 40,000.00
-
joint creditors -_
400¥
e. None of the above
Answer: B. P200,000
- A can demand the amount of P200,000 form X. 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.
Answer: C. P50,000
- X can recover the amount of P50,000 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 P200,000 equally in the absence
of the designation of the share of each, the share V which is P40,000 will be divided
proportionately to X W Y and Z. and so the final amount P50,000, which is the P40,000
original share plus the increased share of P10,000 because of V’s insolvency.
12. In an obligation where the debtors – V, W, X, Y and Z bound themselves individually
and jointly to A and B as joint creditors in the amount of P400,000.00 and V is insolvent,
how much should A give to B if X paid him the amount that he can compel X to pay?
a. 400,000.00
b. 200,000.00
c. 50,000.00
d. 40,000.00
e. None of the above
13. In a joint obligation with V, W, X, Y, and Z as debtors and A, and B as creditors in the
amount of P400,000.00, where V is insolvent, how much can C recover from Y if he paid
the amount that A can compel him to pay?
a. None
b. 200,000.00
c. 80,000.00
d. 40,000.00
e. None of the above
Answer: A. None
- C/X cannot recover anything from Y. C/X only paid his share of the obligation. And
despite the insolvency of V, the share of C/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.
14. In a joint obligation with V, W, X, Y, and Z as debtors and A, and B as creditors in the
amount of P400,000.00, where V is insolvent, how much should A give to B if X paid him
the amount that he can compel X to pay?
a. None
b. 200,000.00
c. 80,000.00
d. 40,000.00
e. None of the above
Answer: A. None
- 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.
15. In a joint obligation with V, W, X, Y, and Z as debtors and A, and B as creditors in the
amount of P400,000.00, where V is insolvent, how much can A validly demand from X?
a. None
b. 200,000.00
c. 80,000.00 Look = share of A
F
=
d. 40,000.00
e. None of the above
Answer: D. P40,000
- A can demand the amount of P40,000. 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.
-
1 1
16. In a solidary obligation with W, X, Y and Z as debtors and A, B and C as creditors in
the amount of P240,000.00, where W is insolvent and A remitted the share of Z with the
consent of B, without the consent of C, how much can A validly demand from X?
a. None
b. 240,000.00 A B C
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24¥
c. 180,000.00
d. 50,000.00 =
60k
e. None of the above
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Answer: C. P180,000 ✗¥ -
binawau
na
remit
- The obligation here is solidary. The remission of the obligation of Z and there being no
designation as to their share, therefore equal, 240,000.00/4 = 60,000 each, it will then
cause reduction of 60,000 from the amount of the obligation thus the remaining amount
now P180,000. 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.
⑧
b. 240,000.00
ear
=①
c. 180,000.00
d. 50,000.00
insolvent 60¥
→
e. None of the above L w = →
Answer: E. P20,000
- X can recover the amount of P20,000. 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 P20,000.
19. A and B are solidary debtors of X and Y, who are jointly bound in the amount of
P400,000.00, if C remits the whole obligation in favor of A without the consent of Y, how
much can Y recover from A?
0
a. None
b. 400,000.00
c. 200,000.00
d. 100,000.00
e. None of the above
Answer: A. None
- 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.
20. A and B are solidary debtors of X and Y, who are jointly bound in the amount of
P400,000.00, if X remits the whole obligation in favor of A without the consent of Y, how
much can Y recover from X?
o
a. None
b. 400,000.00
c. 200,000.00
d. 100,000.00
e. None of the above
Answer: A. None
- He can recover nothing from X. But rather he can recover from A or B. The Creditors
here are joint, the debtors are solidary. When X condoned the whole obligation of A
without the consent of Y. As to A, his liability is extinguished being a debtor to X,Y can
still claim his share from A or B. Thus, while A’s liability is extinguished, the remedy of Y
is not against X but rather to A or B.