1.

May an obligor be liable under an obligation subject to a suspensive condition

although the condition has not yet been fulfilled? Explain.

- Based on what I have read based on the civil code, In the suspensive condition
the obligation only arises when the condition has been fulfilled.And in addition to
that according to the Article 1182, when the fulfillment of the condition depends
upon the sole will of the debtor, the conditional obligation shall be void. Therefore
the obligor is not liable

2. D binds himself to give P10,000 to C upon the death of the father of D. Is the
obligation of D conditional or one with a period?

- The obligation of D is not one with a period, According to the Article 1193,
obligations for which a specific date has been set shall be demandable only
when that day arrives. So the obligation of D cannot be one with a period, but it is
conditional because D will only pay P10,000 to C upon the death of D's father.

3. S (seller) sold his TV set to B (buyer), who gave S the option to deliver instead his
refrigerator. Is S liable to B in case the TV is lost through S’s fault?

- S chose to deliver a refrigerator instead of a TV set, So in case the TV is lost

through S’s fault, S (seller) is indeed liable to B (buyer). This kind of obligation is
called Facultative. Article. 1206 states that when only one prestation has been
agreed upon, but the obligor may render another in substitution, The loss or
deterioration of the thing intended 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.

4. X , Y and Z bind themselves to pay W P30,000. Only X received the money as per
agreement between X, Y and Z. On the due date of the obligation, has W the right to
demand the full payment of P30,000 from Z alone?

- X , Y and Z bind themselves to pay W P30,000. Making them liable to give W

P30,000, and since they are liable W has the right to demand full payment of the
P30,000 from Z alone. Because according to Article. 1207 solidarity exists only
when the obligation expressly states it, or when the law or the nature of the
obligation requires it.
5. A and B bind themselves to pay C their loan of 10,000 on a certain date. Is the
obligation divisible or indivisible?

- A divisible obligation is one the object of which, in its delivery or performance, is

capable of partial fulfillment therefore the obligation is indivisible, because
according to the Article. 1225, obligations are indivisible when performed as a
whole at a time.

6. X promises to deliver to Y a specific horse. Their contract contains a penal clause

that in case of non-fulfillment, X shall pay a penalty of P10,000. X wants to just pay that
penalty instead of delivering the horse. Has Y the right to refuse to accept the penalty in
lieu of the horse?

- Yes, Y has the right to reject X's offer to just pay the penalty P10,000 instead of
delivering the horse, According to the Article. 1227, the debtor cannot exempt
himself from the performance of the obligation by paying the penalty, unless this
right has been expressly reserved for him. So if Y has agreed and granted X a
permission to just pay the penalty instead of delivering the said horse, then X can
pay the penalty and not deliver the horse