Modes of Extinguishment (Payment)1A

[Follow the Outline]

Part One
Modified True or False.Consider the statement true only when it is absolutely true.
Explain ALL your answers.

Part Two
Multiple Choice. Choose the best answer.

Part Three
Give direct and concise but complete answers.
Cite authorities, if any.

1. Is the enumeration of the modes of extinguishment in Article 1231 exclusive?

NO. The enumeration is not exclusive because an obligation may be extinguished by

other modes as provided under the Civil Code such as Annulment, Rescission,
Fulfillment of a Resolutory Condition and Prescription. (Art. 1231, last par., NCC)

3. A creditor who refused to accept an offer to pay from a third person is in delay?

5. If the mortgagor pays, he will be subrogated in the rights of the creditor.

7. If the payment was made in good faith to a third person, will the obligation be
extinguished?

9. A creditor can validly refuse an offer to pay though a manager’s check?

11. Article 1250 applies regardless of the source of the obligation?

13. If a debtor delivers a thing to his creditor, his obligation is extinguished?

15. Dation in payment will be governed by the law of sales?

17. X and Y are partners in a shop offering portrait painting. Y provided the capital and the
marketing while X was the portrait artist. They accepted the ₱50,000.00 payment of Kyla
to do her portrait but X passed away without being able to do it. Can Kyla demand that Y
deliver the portrait she had paid for because she was dealing with the business
establishment and not with the artist personally? Why or why not?

19. Anne owed Bessy P1 million due on October 1, 2011 but failed to pay her on due date.
Bessy sent a demand letter to Anne giving her 5 days from receipt within which to pay. Two
days after receipt of the letter, Anne personally offered to pay Bessy in manager's check but
 the latter refused to accept the same. The 5 days lapsed. May Anne’s obligation be
considered extinguished?

No, since tender of payment even in cash, if refused, will not discharge the obligation
without proper consignation in court.

21. A sold to B a parcel of land with the right to repurchase the same within three years. A
tendered the repurchase of price to B within the prescribed period, but B refused to accept
it. A then brought an action in court for specific performance.
B contends that since A did not deposit the money in court within the stipulated period for
repurchase and the period has now lapsed, A can no longer repurchase the property. Is this
contention correct? Explain.