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    14 views16 pages

    Chapter 4 Oblicon

    Uploaded by

    jecille magalong

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 16
    e delivery of checks “shall produce have been deposited.” : i ditor is bound to accept payment bya aa ne ert in the fulfillment of the obligation. thitd an h to the credit = , the debtor offers cas or who ac 3. Indacion en pago, sean ers =, ivalent of payment of al equiva pago partakes of the nature of a contract of sale, the tg ion en ; + hie offered by the debtor is the object of the contract, while the det the purchase price. , 5. The extrajudicial expenses required by the payment shall be for account of the creditor. ie 6. As a general rule, a check constitutes legal tender, but a creditor ny validly refuse it. 7. In case of extraordinary inflation or deflation, the value of the currey at the time of the establishment of the obligation shall be the basis fort, payment when no agreement to the contrary is stipulated, has stig application only to contractual obligations. 8. A contractual agreement is not needed for the effects of extraordinay inflation to be taken into account to alter the value of the currency. 9. In dacion en pago, the debtor is ina state of partial or relative insolveng. 10. In dacion en pago, what is delivered by the debtor is merely a thing to be considered as the equivalent of the performance of the obligation. 11. The general rule is that the burden rests on the defendant to prov payment. 12. The rule is that a receipt of payment is the best evidence of the facto payment. in fs a rule, Lae hans by an incapacitated person is valid. shall not be valid ‘fhe ‘h st sachets la ee has kept the thing delivered, or insofar payment has been beneficial to him. 15. Payment made in good faith to an cre ine ti debtor. . era debtor, oe 17. ing The debtor's right to apply payment is mandatory. y person in possession of the ent shall be made in the place of business oft application is mad 20. le by operati 7 In payment by cession, th ion of law. of nancial difficulty, » the debtor is not necessarily in 4 sta eor False Part 2 without the notice first ann fulfillment of the obligation, theuneed to , ce th “time het eae ont Msignation Pertons interested in the , n ct ee rg ayment in cheek Payment is voidable, Tequi iring the debtor’ accepted will place ‘0 pay his obligation in cash. sn cli 3, Payment in check by the debto objection to said payment ig made) °° acceptable as valid, if no prot . . , m| stewed . el t @ same, he shall | ‘or should authorize the may have over the thing, ‘ose every preference which he 5.An obligation to pay money fortuitous loss of any specific 6, The delivery of a public d. . bythe creditor to the debtor implies ae a credit, made voluntarily the former had against the latter. Tenunciation of the action which 7.The rationale for allowing the presi delivery of a public instrument is tae a that ot a private inet ne there could be just one copy of the evidence of credit. ment 8, The renunciation of the principal debt shall not extinguish the accessory obligations. 9, If the confusion takes place in the person of any of the guarantors, there is extinguishment of the principal obligation. 10. In a joint obligation, if the confusion takes place in one of the joint debtors, the principal obligation is entirely extinguished. 11. In payment by cession, what is ceded by the debtor is the universality of all his property. is generic; therefore, it Property of the debtor. is excused by 12. Tender of payment may be judicial, while consignation is necessarily extrajudicial and the priority of Fe fi is ve fared hone 7 private settlement before proceeding to the so lemni fon. 13. There should be notice to the creditor only after consignation as required by the Civil Code. 14. The rationale for consign obligation becoming more oner" imputable to him. 1S. Tender of payment is not 16. Where the obligation consis the debtor to make the payment’ cae Not relieve him of his liability. ossession of the debtor, it shal V7.if the thing is lost while in the Pe aie to his faul Conclusively presumed that the loss was ind conscious 18. Bad faith imports a dishonest PU"? 5. Bad faith is presumed. performance of an jon i avoid the ation is to of causes not ous to the debtor by reason edent of consignation. ; 7 an ahe payment of money, the failure of ‘t ven by reason ofa fortuitous event t. doing of wrong. f a movable, the value Of wh, ation and acceptance Of te erwise the gnth 20.500, must be made in writing, Same ay voidable. or False Part 3 itors and the Bank or similar j ve The relationship of ~ oer deposit may be setoff against \ that of credior-ebtr bank or similar institution. sil it 2 ation can take place where one claim is still the Subjeg y 3 Acai slgaldated when th amount and time of payment are fed 4. A debt is an amount actually ascertaine vid ofa debt 5, Aclaim is a debt in embryo. It is mere evi Had a 3 and must thru the process prescribed by law before it develops into What ly called a debt. 6. Fompensation may be total or Lal bi the two debts are Of te same amount, there is a partial compt + 7. Compensation shall be proper when one of the debts arises fron, depositum or from the obligations of a depositary or of a bailee commodatum. 8. Novation is never presumed, and the animus novandi, must ‘appear by express agreement of the parties, or by their acts that are too lear anj unmistakable. 9. The will to novate must appear by express agreement of the parties, by their acts which are too clear or unequivocal to be mistaken. 10. When the principal obligation is extinguished in consequence of novation, the accessory obligations are not extinguished. 11. In a solidary obligation, if the confusion takes place in one of tt solidary debtors, the entire obligation is extinguished. 12.In compensation, there must be two Persons, who, in their own rigtt are creditors and debtors of each other, 13. In confusion, there are two i << c , TSO} ii rged the q creditor and debtor, Fae * 14. In compensatio, n, 415, Conventional a there must be at least two obligations. tt a mpensation occurs fue i when the parties agree ons oeushment of their credits * to path pees their dampens ao Of some of the legal requisites. it on be set up agai; who has? 17. Debts can “ by Bratuitous title, ibicre ece MPensated j1 ‘ i! TOM a penal offense ‘Fone of the debts consists in civil ia ce . + ovation, Tule, no form of words - Ovation j writing is necessary to 6” is disputably Presumed, pater _pilgations nits modern concept, what actu; . i . all 2 * jective novation of the obligatioy ly takes place in dacion en pago is an mn. Choice Questions yitiple “ It Pea eee perk ‘ot only that obligor is able, read: ill othe act of performing his obligation, ly and willing, but more a. Promissory note . b. Tender of payment a cee 7 sel de to a third 2, Payment ma Person shall also be valid i it redounded to the benefit of the creditor. Such benefitto che credit * eed not be proved in the following cases, except: 1 a. Subrogation c. Waiver b. Ratification d. Estoppel ich of the following is no i 3. whic! pean ig is not a special form of payment? b. Application of payment c. Consignation d. Dacion in payment 4.X Inc, entered into a Contract of Lease with Y over a commercial space for the year 1999-2002 on which X Inc. intended to operate a branch. While X Inc. was able to secure the necessary licenses and permits for the year 1999, it failed to commence business operations. For the year 2000, XInc’s application for: renewal of barangay business clearance was “held in abeyance until further study of its kitchen facilities.” Hence, X Inc. was unable to operate. Fearing further business losses, X Inc., communicated its intent to terminate the lease contract to Y who, however, did not accede. In August 2000, X Inc., for the second time, purportedly informed Y ofits intent to terminate the lease, and itin fact stopped paying rent. By letter of March 26, 2001, Y again demanded payment of rentals from X Inc. X Inc. denied any liability. a. X Inc. is not liable to pay rentals as the service has become so tly beyond the contemplation of the difficult as to be manifes t parties, the obligor may also be released therefrom, in whole or in part. ; b. xX inc. is not liable because the doctrine of unforeseen events is it in the resent case. M . oe rene os failure to renew these permits, licenses and authority for the succeeding year is not to be construed as an unforeseen event 4. X Inc. is liable beinga lessee. hment of Obligations - Extinguls! i chapter 4 B rope is alienated to the creditor in Satisfaction of 5. tis when @ +, money. ; c, Barter in mee pation in payment d. Option contract b. Cession in payment St: isi dacion en pago are, except: 6, The oe bees aperformance of the prestation in lieu of a ‘hich may consist in the delivery of a corporeal thing 7 vet ora credit against the third person. tay b. There must be delivery, actual or contructive, as jt jg any ct. There must be some difference between the prestation due . that which is given in substitution. ; 4. There must be an agreement between the creditor and debi, that the obligation is immediately extinguished by reason oft performance of a prestation different from that due, 7. For dacion en pago to exist, the following elements must concur: a. Existence of a money obligation. b. The alienation to the creditor of a property by the debtor wit the consent of the former. c. The agreement must be in a document, private or public. d. Satisfaction of the money obligation of the debtor. 8. When the amount is known or is determinable by inspection of the terms and conditions of the relevant promissory notes and related documentation. a, Debtis due a Debt is unliquidated b. Debtis liquidated 2 4. Debt is demandable 9% Inc. entered into a Contract of Lease over a building owned by Y prey ee April 15, 2015. Upon expiration ofthe es! January 28,2016, ee ee" despite repeated demands. Thus * vovslqiOn July } see? Complaint against X. | itcoe Phelooury 7e0'®, the court rendered a Decision, in favor , eto SN: to pay reasonable compensation in amount of P585,640 a m, r :novsubjeet-premibes is sens as of April 15, 2015 until possession 0" aMotion toConsignatePy 71 age ¥ CO. Then, X Inc. ied with the® 292 ‘Thee Mt of ee in favor of Y mit 2 onaromentio fitbe matt eeya74.2a0 repent o reas : jul in possession of the Property since yyy MEUSt 2016. , Ine Ms promulgated. Is the Consignatign, Proper? 16, when the Decisi a. Yes, because there was Unjust refusal to accept. ene pter 4- Extinguishment of Obligations coal b p. Yes, because there was a hotice of c pane interested in the performance orice to all s, because the am \ ort ‘ount due was placed at the disposal of the d. No, because X, Inc. failed to prove th: 2 for proper consignation was present, fat any of the requirements increase of money o: i 3 0, The sharp Incr ey or credit, or both, without a cor ndin| increase in business transaction. —— 7 a. Deflation c. Extraordinary inflation p. Extraordinary d. Inflation o deflation 11. Exists when there is a decrease or increase in the purchasing power of the Philippine currency which is unusual or beyond the common fluctuation in the value of said currency, and such increase or decrease could not have been reasonably foreseen or was manifestly beyond the contemplation of the parties at the time of the establishment of the obligation. a. Deflation b. Extraordinary deflation c. Extraordinary inflation d. Inflation 12. For extraordinary inflation (or deflation) to affect an obligation, the following requisites must be proven, except: a. That there was an official declaration of extraordinary inflation or deflation from the Bangko Sentral ng Pilipinas (BSP). b. That the obligation was contractual in nature. c. That the parties expressly agreed to consider the effects of the extraordinary inflation or deflation. d. That the obligation was not contractual in nature. 13. These are the rules on the place of payment of the obligation, except: a. Payment shall be made in the place stipulated by the parties. b. If there is no stipulation and the obligation is to deliver a determinate thing, payment shall be made wherever the thing might be at the moment the obligation was constituted. ©. In any other case, the place of payment shall be the domicile of the debtor. d._ In any other case, the trial court where the ob! place of payment shall be at the municipal ligation was perfected. t of Obligations - Extinguishment Chapter 4 4 f the debt to which the payment ty . The designation 0! cuca ' Men the debtor has several obliga kind om same creditor. : ‘ a. Application of paymen b. Dacion en pago : . Cession in payment ; ; 4 Tender of payment and consignation der and consignation, if after consignation is Made, the Bice the debtor to withdraw the thing deposited in courg, hich following is incorrect? i+ a. Co-debtors, guarantors and securities are Teleaseq from hy obligation unless they consented. b. The obligation remains to subsist. c. The obligation is extinguished. d. None of the above. 16.D Co. got a loan from the former P Bank Corp. in the amount o 720,000. The loan was secured by a real estate mortgage. In 1981, 43 Corp. rented an office space in the building constructed on the Properties covered by the mortgage contract, with the conformity of mortgagee P Bank, whereby the parties agreed that the monthly rentals shall be paid directly to the mortgagee for D Co.'s account. On July 5, 2014, the Centra Bank closed P Bank. Sometime in December 2015, F Bank purchased the credit of D Co. in favor of P Bank, Subsequently, on December the amount of 81,450,000 through a Notation that it was for purchased by F Bai Payment effective? a. Yes, because a check is equivalent of mon ne ey. , No. A check does not Constitute legal tender, and that a may validly refuse it. & Yes, because F accepted D Co’ ce ted D Co's check, nt # Sheek prevents a creditor from accepting 14, 2016, D Co. tendered to F Batk in Interbank check with the specifc * full payment of its P Bank account that had beet nk. F Bank accepted it as payment. Is the tender f b. payment. 17. The following are special forms of acbnos * eee 4 © ‘Check encashihemt b. Dation in payment d. Payment by cession 18. The following are requisites of “pplication of payment, except: a. There must be only one debto, and only one creditor b. There must be one or more debts of ane same kind. 366 er 4- Extinguishment of Obligations n a c. Allofthe debts must be due, |, The amount paid by th 4 total amount of all the deer must not be sufficient to cover the x and Y alleged that they are the iand. Thereafter, X and Y discovered said parcel of land was occupied by M and N for their prior knowledge or consent. A demand ie eee to =e equiring them to vacate the property but they refused to comply; hence, the filing of the Complaint. During the pendency of the case, the parties agreed to enter into a Compromise Agreement which the court approved. The Compromise Agreement provides that M and N showed several checks payable to X, issued by a certain C. However, alleging that they failed to pay the amounts due on the Compromise Agreement, X and y sent a letter demanding that M and N vacate the premises. a. The obligation of M and N is extinguished because the check is equivalent to money; thus, it is extinguished by payment. b. The obligation M and N is not extinguished because delivery of mercantile documents including checks “shall produce the effect of payment only when they have been cashed.” In this case, it was not shown that the checks were encashed by X and Y. c. Mand N discharge their burden of proving payment because of the several checks issued by a certain C. d. Receipt of checks by X is the best evidence of the fact of payment; hence, the obligation is extinguished. Tegistered owners of a parcel of that a portion on the left side of the 20. If one of the parties to a suit over an obligation has a claim for damages against the other, the former may set it off by proving his right to said damages and the amount thereof. a. Extrajudicial compensation b. Judicial compensation ¢. Conventional compensation d. Voluntary compensation 21. Compensation cannot take place, except / a. When one debt arises from the obligations of a depositary b. When one debt arises from the obligations of abailee in commodatum ¢. When one debt arise: gratuitous title 4. When one debt arises from a bank deposit especially contractual rights, from one party to b. Contract of barter .s because of a claim for support due to 22 The transfe ights, another fer of rights, @ Contract of sale 367 ment of obligations chapter 4- extinguish d. Cession in payment ights : Assignment of rig! ights are the following, excepy. 73. The effects of assignment of to the assignment of Tighe ° a ae oe nvor of third person, he cannot set up by, itor in . . a the compensation which pertains to him rina assigner ignment of nsented to the assign: Tights , ot favor ofa third person and he reserved his right! compensation then, he can set up against the ompensation which pertain to him against the assignor, c i the assignment is made without the knowledge of the he may set up the compensation of all credits prior to the ta and also later ones until he had knowledge of the assignment, d._ If the assignment is made without the knowledge of the debto, he cannot set up the compensation of all credits prior to the same and also later ones until he had knowledge of the assignment, 24. The following debts cannot be compensated, except: a. Contract arising from contract of depositum. b. Contract arising from contract of commodatum. ¢. Contract arising from contract of support. 4. Contract arising from contract mutuum. 25. Is constituted from the moment a Person receives a thing belonging another, with the obligation of sa fely keeping it and of returning the same. a Contract of deposit c. Contract of surety b. Contract of guaranty 4. Contract of loan 26, One of the parties delivers to another, either something not consul So that 7 latter may use the same for a certain time and return it Contract of deposit odatum a Contract of guaranty oe 4. Contract of loan 27. Comprises eve: rything indispe medical attendane eaanae en ble for sustenance, dwelling, lot nce, education with financial capacity othe family." “*"SPortation, in keeping a. Deposit ee Support - Guaranty Surety 28. Obligations ma 5 'y be modified by: Changing their object or princi ‘ i . Substituting the person of the dene anos © Subrogating a third Person in the Tights Of the creditor: 368 rer 4- extinguishment of Obligations gnsP” 4, None of the above, tinguishment of an obligation b i g_Is the ext! gation by the substitution or change of 2 plgation by a subsequent one which extinguishes or modifies the 1, either ene the oli or principal conditions, or by pstituting an lace of the debtor, or by subi ting a third persot in the rights of the creditor. ry subrogenné . Condonation c. Merger of rights b. Novation d. Compensation B Php 1M. A proposed to B that C will pay A’s debt and that he will be released from all liabilities to him. B and C agreed to the proposal. Later, when B tried to collect from C, he found out that he was insolvent. a. Ais no longer liable to B because of the substitution of C in his place if he had no knowledge of the insolvency despite it being of public knowledge. b. A is no longer liable to B even if he had knowledge of C’s insolvency provided it is not of public knowledge. Ais still liable to B even if he was the one who propo: C shall substitute him as debtor. d. Ais no longer liable to B despite insolvency was of public knowledge or kn delegated the debt. 0, A owes sed to B that the insolvency of C, unless said own to him when he 31. Is the transfer of all the rights of the creditor to a third person, who substitutes him in all his rights. a, Substitution b, Subrogation c. Annulment d. Ratification 32. It is presumed that there is legal subrogation: nother creditor who is preferred, even a. When a creditor pays a! without the debtor's knowledge. A b. When a third person, not interested in the obligation, pays with the express or tacit approval of the debtor. it the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter’s share. 4. When, even without the knowledge of the debtor, a person not interested in the fulfillment of the obligation pays. 33. Are contracts, whereby the parties undertake reciprocal obligations to aolve their differences thus voiding litigation, or put an end to one Teady commenced. 3. Mutual desistance Compromise agreement 369 © Waiver Memorandum of Agreement 34. Means not on} i ly the delivery of money but also the Performance ; other manner, of an obligation. me nag a. Payment c. Merger of rights b. Condonation d. Compensation 35. The following shall Produce the effect of payment of debts; a. Delivery of check b.. Tender of central bank notes ¢. Delivery of promissory note d, Answer not given 36.X executed a promissory note in favor Y and the promissory note, negotiated by Y and subsequently indorsed in favor of X. The Obligaticy to pay the promissory note is thereby extinguished because there is: a. Confusion or merger b.. Novation c. Remission d. Answer not given 37. A certain C requested X to sell a specific car for 580,000. Y borrowe! said car from X for two days but instead of returning the car as promised, ¥ told X to buy the car from C for 500,000 and that Y would pay X after? returns from Davao. Subsequently, C executed a deed of sale coveringti= car in X's favor for 500,000 for which X issued three checks in favor of X thereafter executed a deed of sale in favor of Y. When Y returned fra Davao, he refused to pay X the amount of 500,000 saying that said amou would just be deducted from 566,000 obligation X had with Y. X inbe cross-examination categorically admitted that she is indebted to Y. In his Answer, Y contended that; 1) as early as September 28 2015, C has already sold the car to X for 500,000; 2) at the time executed the deed of sale in his favor on March 4, 2016, X was already® possession of the deed of sale from C; 3) the amount of 500,000 was ull paid by way of dation in payment to partially extinguish X's obligatio® with Y; 4) the contract entered into was a true sale of a motor vehicle™ the mode of payment was that of dation in payment agreed upon at time of the sale. ‘ a. There is no legal compensation as one of the obligations cons of delivery of a car and not a sum of money. ot b. Legal compensation has not taken place because X and Y are personally both creditor and debtor of each other. —" c. There is no legal compensation as both monetary obligations not become due and demandable. 370 sant r4r extinguishment of Obligations ¢ ; a OO oe ba ths 500,000 which Y owed X is off-set against , y X to Y, leavii X should pay with 12% interest ee of 266,000, which the thing OT hall not be understood to have been paid unless delivered or debt 5! 3.4 i ‘i 3 ervice in which the obligation consists has been completely rendered as the case may be. "Principle of integrity c. Principle of loyalty b. Principle of honesty 4. Principle of delivery go, Ifthe buyer failed to pay the downpayment on time. But then, the seller fthe buyer. The accepted, without any objections, the delayed payments of jegal effect is: . The obligation of that buyer is that he is liable for his delay- pb. The obligation of that buyer is not extinguished.

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