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2 - LQ2_DifferentKindsofObligations

Total points 50/65

AC15-
You have until March 12, 2021, 3:00 PM to complete the quiz. Failure to submit on time will
invalidate results and will require student to take a special quiz. Please follow specific
instructions in each subtest. No consideration will be given on grounds of failure to follow
specific instructions. Good luck.

The respondent's email (jcarino@gbox.adnu.edu.ph) was recorded on submission of this


form.

Matching Type 12 of 15 points

Classify the following rules on which kind of obligation it will apply. Write only the LETTER of
the item described and USE CAPITAL LETTERS ONLY. Choose from the following: (1 point
each)
A. Pure and Conditional Obligations
B. Obligations with a Period
C. Alternative Obligations
D. Joint and Solidary Obligations
E. Divisible and Indivisible Obligations
F. Obligations with a Penal Clause

The communication of choice converts the obligation into a pure *0/1


obligation.

Correct answer

C
The classification of the obligation is due to the manner of performance *1/1
of the obligation, not the parties involved.

Choice as to prestation can be designated to either the debtor or the *1/1


creditors.

The intention of the parties supersedes the nature of the object. * 1/1

There are as many debts as there are debtors and as many credits as *1/1
there are creditors.

The demandability of the obligation depends upon the accessory *0/1


obligation.

Correct answer

B
When the debtor tries to escape the liability, the accessory obligation *1/1
becomes ineffective.

Defenses personal to one debtor may be used by other debtors to *1/1


proportionately reduce liability.

The accessory obligation generally substitutes claim for interest and *1/1
damages.

Mutual agency between the debtors or the creditors may exist. * 1/1

If the accessory obligation depends upon the sole will of the debtor, as a *1/1
general rule, the obligation is also void.

A
Rights retroact to the date of the constitution of the obligation. * 1/1

The accessory obligation is assumed to be established for the benefit of *1/1


both the debtor and the creditor.

The accessory obligation is not an alternative to the principal obligation. * 0/1

Correct answer

Indemnity depends on the value of the last thing lost due to his fault if *1/1
choice of prestation is on the part of the debtor.

Situational Analysis (TRUE OR FALSE) 0 of 0 points

Based on the hypothetical case given for each kind of obligation, determine if the
subsequent statements are TRUE or FALSE. Write your answers in CAPITAL LETTERS ONLY.
(2 points each)

Case 1- Pure and Conditional Obligation 6 of 10 points


On January 1, 2021 A promised to give B his only apartment building complex if B passes
the May 2021 CPA Board Exam. B took the exam on May 16, 17 and 23, 2021. The results
were released on June 1, 2021.

The condition is a casual condition. * 2/2

FALSE

The right to demand will be extinguished if B takes the board exam and *0/2
failed or if on the third day of the board exam B met an accident and fails
to take the last subject.

FALSE

Correct answer

TRUE

The right to the apartment building complex accrued on June 1, 2021. * 2/2

FALSE

If the apartment building complex is conveyed to a third person in good *2/2


faith he shall have better right than B.

TRUE
The right to the fruits of the apartment building complex retroact to *0/2
January 1, 2021.

TRUE

Correct answer

FALSE

Case 2- Obligation with a Period 4 of 6 points

On January 1, 2021 A promised to give B his only parcel of land on May 28, 2021.

The period is established for the benefit of B. * 0/2

TRUE

Correct answer

FALSE

If A tries to flee the country on May 15, 2021, the obligation immediately *2/2
becomes demandable.

TRUE

If A puts a fence on the property surrounding the land before May 28, *2/2
2021 he can demand reimbursement from B for the amount dispensed to
improve the property upon turning over the same.

FALSE
Case 3- Alternative Obligations 6 of 10 points

A promised to give B his only book or his only notebook or 1g of methamphetamine or his
only pen.

If the right of choice belongs to A, A can choose the methamphetamine. * 2/2

FALSE

If the right of choice belongs to A and both the book and the notebook is *0/2
lost due his fault, he shall be compelled to deliver the pen plus damages
because the other prestations were lost due to his fault.

TRUE

Correct answer

FALSE

If the right of choice belongs to B and both the book and the notebook is *2/2
lost due A’s fault, A can be compelled to deliver the pen plus damages
because the other prestations were lost due to his fault.

TRUE

If the right of choice belongs to B and the book is lost due to fortuitous *2/2
event while the notebook and pen are both due A’s fault, the basis of
indemnity will be the value of pen if it’s the last thing lost plus damages.

FALSE
If the right of choice belongs to B and B communicates that his choice is *0/2
the only pen, he cannot change his choice to the book if the pen is lost
due to fortuitous event.

FALSE

Correct answer

TRUE

Case 4- Joint and Solidary Obligations 10 of 12 points

A and B owes X, Y and Z P36,000 due on May 28, 2022.

Assuming that active solidarity exists and X remits A’s liability, he shall *0/2
reimburse Y and Z P9,000 each.

TRUE

Correct answer

FALSE

Assuming that active solidarity exists and X demanded for the payment, *2/2
B’s payment to Y does not extinguish his share in the obligation.

TRUE
Assuming passive solidarity exists and A becomes insolvent, the *2/2
creditors can still recover fully from B.

TRUE

Assuming passive solidarity exists and X remits the entire obligation due *2/2
to him because of A, A can recover P6,000 from B.

FALSE

Assuming passive solidarity exists and A is a minor, B can use A’s *2/2
minority to reduce his liability against X to P6,000.

TRUE

Assuming that active solidarity exists, X or Y or Z can collect P18,000 *2/2


from A.

TRUE

Case 5- Divisible and Indivisible Obligations 6 of 6 points

A promised the following to B:


• Give him a specific watch worth P10,000.
• Be his personal driver for the entire week.
• Pay the P200,000 he owes him in full on May 28, 2021.
The obligation to be his personal driver is naturally divisible. * 2/2

TRUE

The obligation to deliver the watch is divisible. * 2/2

FALSE

The obligation to pay the P200,000 is conventionally indivisible. * 2/2

TRUE

Case 6 - Obligations with a Penal Clause 6 of 6 points

A signed a contract that reads:


I promise to pay B P100,000 in five equal monthly installments every 28th of the month
starting May 2021 and in case of default be liable to a penalty of P100 per day of late
payment.

If B is to invoke the penalty, he needs to prove to the court that he *2/2


suffered damages amounting to P100 per day in order for it to be granted
upon him.

FALSE
A cannot choose to pay P100 per day instead of paying the installment *2/2
due.

TRUE

Aside from the P100 penalty, A will pay the legal interest if he fails to pay *2/2
on time any of the installment.

FALSE

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