STATEMENT II: The Nullity Od The Penal Clause Carries With It The Nullity of The Principal Obligation
STATEMENT II: The Nullity Od The Penal Clause Carries With It The Nullity of The Principal Obligation
The creditor has a right that is enforceable against a definite passive subject
PERSONAL RIGHT
2. It is a thing that is particularly designated or physically segregated from all others of the same class.
DETERMINATE THING
3. Determinate thing
A TOYOTA CAR WITH ENGINE NO. 12345, BODY NO.34890 AND A PLATE NO. ABC 123
4. Demand must be made on the due date of the obligation in order for delay to exist in one the following cases
WHEN THE OBLIGATION DOES NOT INDICATE WHETHER DEMAND MUST BE MADDE OR NOT ON DUE DATE.
5. Delay on the part of the creditor
MORA ACCIPIENDI
6. There shall be no liability for loss due to fortuitous events
WHEN THE OBLIGATION IS TO DELIVER A DETERMINATE THING AND THERE WAS NO STIPULATION AS TO THE LIABILITY OF THE DEBTOR IN CAS OF
LOSS DUE TO FORTUITOUS EVENTS
7. Following are the remedies of the creditor to pursue his claims against the debtor.
COMPEL THE DEBTOR TO PERFORM THE SERVICE IN OBLIGATIONS TO DO
8. D borrowed P50,000.00 from C. C dies before he has collected the debt leaving S, his son, as heir. Which of the following are CORRECT?
S CAN COLLECT FROM D ALTHOUGH D AND C DID NOT AGREE THAT THE CREDIT RIGHT WILL PASS ON TO THEIR HEIRS OF C
9. D is obliged to give C a specific car if C passes the CPA Licensure Examination.
OBLIGATION WITH A SUSPENSIVE CONDITION
10. Obligation is not immediately demandable
OBLIGATION WITH AN EX DIE PERIOD
11. Void Obligation
D IS OBLIGED TO GIVE C P5,000.00 IF D GOES TO BAGUIO
12. D is obliged to give C P10,000.00 if X dies
AN OBLIGATION WITH A PERIOD
13. When the debtors binds himself to pay when his means permit him to do so
AN OBLIGATION WITH A SUSPENSIVE PERIOD
14. Whenever a period is designated in an obligation, the said period shall be presumed to have been established for the benefit of
BOTH THE DEBTOE AND THE CREDITOR
15. The debtor shall lose the right to make use of the period in the following cases, EXCEPT?
WHEN HE DOES NOT FURNISH ANY GUARANTY OR SECURITY TO THE CREDITOR
16. An obligation ceases to be alternative and becomes a simple obligation EXCEPT?
WHEN THREE PRESTATION ARE DUE BUT ONE OF THEM IS UNLAWFUL OR IMPOSSIBLE
17. D is obliged to give C a specific watch, specific ring, or a specific bracelet. The parties agreed that C will have the right to choose the
thing which will be given to him. Before C could make his choice, the watch and the ring are lost through D’s fault, successively. What
is the right of C?
C MAY CHOOSE THE DELIVERY TO HIM OF THE BRACELET, OR THE PRICE OF THE WATCH OR THE PRICE OF THE RING PLUS DAMAGES
18. D is obliged to give a specific ring. The parties agreed that D may give a specific bracelet as substitute. Which statement is TRUE?
IF THE RING IS LOST THROUGH A FORTUITOUS EVENT BEFORE SUBSTITUTION, THE OBLIGATION IS EXTINGUISHED.
19. A, B, C and D are obliged to give V, W, X, Y and Z P20,000.00
V MAY COLLECT FROM A P1,000.00
20. A, B, C and D joint debtors are obliged to give V, W, X, Y and Z, solidary creditors P20,000.00
V MAY COLLECT FROM B P5,000.00
21. A, B, C and D solidary debtors are obliged to give V, W, X, Y and Z, joint creditors P20,000.00
V MAY COLLECT FROM C P 4,000.00
22. A, B, C and D solidary debtors are obliged to give V, W, X, Y and Z, solidary creditors P20,000.00
V MAY COLLECT FROM D P20,000.00
23. A, 25, B, 35, and C, 17, are solidary debtors of X in the amount of P9,000.00
X MAY COLLECT FROM A P6,000.00
24. Divisible obligation EXCEPT
TO GIVE DEFINITE THINGS
25. In an obligation with a penal clause, the creditor as a rule may recover from the debtor in case of breach
ONLY THE PENALTY
26. STATEMENT I: The nullity of the principal obligation carries with it the nullity of the penal clause -TRUE
STATEMENT II: The nullity od the penal clause carries with it the nullity of the principal obligation – TRUE
27. D borrowed C P 50,000.00. The obligations is secured by a chattel mortgage on D’s Toyota car. Subsequently, D paid C P20,000.00.
Unknown to D, T a third person pays C P 50,000.00 believing that D still owed C such amount.
T CAN RECOVER P 30,000.00 FROM D. IF D CANNOT PAY, T CANNOT FORECLOSE THE MORTGAGE ON D’s TOYOTA CAR
28. Concerning payment by cession EXCEPT ONE
THE CREDITORS BCOME THE OWNERS OF THE PROPERTOIES OF THE DEBTOR THAT WERE CEDED TO THEM
29. D obtained from ABC Bank a loan of P 12,000,000.00 payable at the end of 10 years. Before maturity, an extraordinary inflation
supervened causing the value of the debt to fall P 4,000,000.00 on the date of the maturity. On due date, D must pay ABC Bank
P36,000,000
30. B borrowed from XYZ Bank P 2,000,000.00 payable at the end of 5 years. Before maturity an extraordinary deflation supervened
causing the value of the debt to rise to P 5,000,000.00 on the due date of maturity. On the due date, D must pay ABC bank:
P 800,000.00
31. The money or currency which the debtor may compel the creditor to accept the payment of a debt, whether public or private
LEGAL TENDER
32. The delivery and transmission of ownership of a thing by the debtor to the creditor as an accepted equivalent of performance
DATION IN PAYMENT
33. D owes C the following debts: P 6,000.00 due on 12; P 6,000.00 due on June 15; P 6,000.00 due on June 18; and P 6,000.00 due on June
20. All debts are unsecured except the debt due on June 20which is secured by a pledge of D’s diamond ring to C. By agreement, the
benefit of the term on the 4 debts was granted to C. Assuming that D has P 6,000.00 on June 18 and is ready to pay C, which of the
following statement is CORRECT?
D MAY APPLY HIS PAYMENT OF P 6,000.00 TO ANY OF THE DEBTS DUE ON JUNE 12, JUNE 15 AND JUNE 18 SINCE THEY ARE ALL DUE AS OF JUNE 18
34. The offer made by the debtor to pay his obligation to his creditor
TENDER OF PAYMENT
35. Consignation alone without any tender of payment is sufficient in the following cases, EXCEPT
WHEN THE CREDITOR PRESENTS THE TITLE TO THE OBLIGATION FOR COLLECTION
36. M owes P 10,000.00. The obligation is evidence by a promissory note. Subsequently, P assigned the note to A, A to B, B to C, and C
back to M. The obligation is extinguished by:
CONFUSION
37. In order that condonation may extinguish an obligation involving a movable properly whose value exceeds P 5,000.00
IT IS SUFFICIENT THAT THE CONDONATION AND THE ACCEPTANCE ARE IN WRITING, EVEN A PRIVATE ONE.
38. Not requisites of legal compensation?
THAT THE DEBTS ARE PAYABLE AT THE SAME PLACE
39. Henry, husband, and Wilma, wife, are legally separated. By order of the court whi ch decreed the legal separation, Henry is obliged to
give a monthly support of P 10,000.00 to Wilma payable within the first five days of the month. Wilma owes Henry P 10,000.00 by way
of a business loan. On the other hand, henry has not yet given Wilma’s support of P 10,000.00 for this month. Both debts are already
due. Which statement is CORRECT?
WILMA MAY CLAIM COMPENSATION BUT NOT IN HENRY.
40. D owes C P 10,000.00 with F as guarantor. C on the other hand, owes D, P8,000.00. Both debts are already due but D is Insolvent.
C MAY COLLECT FROM G P 2,000.00 BECAUSE A GUARANTOR CAN SET UP COMPENSATION AS REGARDS WHAT THE CREDITOR OWES THE
PRINCIPAL DEBTOR
41. D borrowed P 50,000.00 from C. Subsequently, D proposed to C that T would assume his (D’s) debt. C accepted the proposal of D.
DELEGACION
42. Refer to recent situation. Assume also that on due date, T could not pay because of his insolvency which was in fact subsisting but was
not known for D or of public knowledge at the time that D delegated his debt.
C CANNOT HOLD D LIABLE BECAUSE HIS (D’s) OBLIGATION WAS EXTINGUISHED WHEN HE WAS SUBSTITUTED BY T.
43. D obliged himself to give 5 grams of “shabu” to C. Later, the parties agreed that D would instead give to C 5 sacks of rice. Which
statement is CORRECT?
THE NOVATION IS VOID BECAUSE THE ORIGINAL OBLIGATION IS VOID. HENCE, C CANNOT DEMAND THE DELIVERY OF FIVE SACKS OF RICE FROM D.
44. On July1, 2015, D obliged himself to give C P 50,000.00 if C will marry X on or before December 31,2015. The condition of the
obligation is
POSITIVE CONDITION
45. Refer to No 44. Statement I: The obligation of D is demandable if C marries X on or before December 31, 2015 – TRUE
Statement II: The obligation of D is extinguished if its already January 01, 2016 and C has not yet married X – TRUE
Statement III: The obligation of D is extinguished on December 2, 2015 if X dies on the said date and C has not yet married X -TRUE
Statement IV: The obligation is demandable if C marries X on January 01, 2016 – FALSE
46. On July 01,2015, D obliged himself to give C a specific car if C will not marry X on or before December 31,2015. The condition of the
obligation is
NEGATIVE CONDITION
47. Refer to No. 46. Refer to No 44. Statement I: The obligation of D is demandable if C marries X on January 01, 2016 – TRUE
Statement II The obligation of D is demandable on December 2, 2015 if X dies on the said date and D has not yet married X– TRUE
Statement III: The obligation of D is demandable if it is already January 01, 2016 and D has not yet married X -TRUE
Statement IV: The obligation is demandable if C marries X on December 2, 2015 – FALSE
48. D owes C P 5,000.00. T a third person and without any intention to be reimbursed by D, paid the debt without the consent of D. C
accepted the payment.
THE PAYMENT IS CONSIDERED VALID BECAUSE IT WAS ACCEPTED BY THE CREDITOR.
49. A mode of extinguishing obligations up to their concurrent amount when two persons are principal debtors and creditors of each
other
COMPENSATION
50. D owes C P 6,000.00. No date for payment was stipulated by the parties
C CAN REQUIRE D TO PAY AT ANYTIME
51. Under a contract executed on November 01, 2015, D obliged himself to give a specific horse to C on December 10,2015, C demanded
the delivery of the horse but D did not comply. The following day, the horse was struck by lightning and died instantly.
THE OBLIGATION OF D IS EXTINGUISHED BECAUSE THE LOSS IS DUE TO FORTUITOUS EVENT AND D WAS NOT IN DEFAULT
52. Not Conditional Obligation
D TO PAY C P 5,000.00 AS SOON AS D HAS THE MEANS
53. Distinction between merger and compensation is that merger:
THE DEBTOR AND THE CREDITOR REFER TO ONLY ONE PERSON.
54. The passage of time as a mode of acquiring or losing a right including the extinguishment of an obligation
PRESCRIPTION
55. Legal compensation shall not be proper in three of the following cases EXCEPTION?
BANK DEPOSIT
56. D is a debtor of C for P 20,000.00. The debt is secured by a pledge of D’s diamond ring which is in C’s possession. Before the due date, C
voluntarily returned the diamond ring to D. Which was extinguished by the return of the ring?
THE PLEDGE OF THE DIAMOND RING ONLY
57. D promised to deliver specific horse to C on December 31, 2015, with the stipulation that he will give C 100 grams of ‘shabu’ as a
penalty if he fails to deliver the horse on the said date. Which obligation is VOID?
THE PENALTY ONLY
58. If two or more persons claims the same right to collect from debtor, the debtor’s appropriate remedy:
CONSIGNATION
59. The young and other products of animals, produces with the intervention of human labor
NATURAL FRUITS
60. D owes C the following debts: P 4,000.00 due on February 01; P 7,000.00 due on February 05; P 5,000.00 due on February 10 and
P4,000.00 due on February 20. By agreements of the parties, the benefit of the period was given to D. If today is February 14, and D
has not paid any of the said debts but is offering P 4,000.00 to C as payment today, to which debt may D apply the payment?
TO THE DEBT DUE ON FEBRUARY 1 OR FEBRUARY 20 AT HIS OPTION
61. Refer to preceding No. Supposing that when d gave the payment to C, D did not designate the debt to which the payment shall apply.
Neither did C indicate in the receipt that he issued to D which debt was being paid. Which debt is being paid.
TO THE DEBTS DUE ON FEBRUARY 1, FEBRUARY 5 AND FEBRUARY 10 PROPORTIONATELY AT P10,000.00, P1,750.00 AND P1,250.00 RESPECTIVELY
62. It is a mode of extinguishing of an obligation which has a two-fold function. One is to extinguishing an old obligation and the other to
substitute a new in its place
NOVATION
63. A, B and C are solidarily indebted to X for P 9,000.00. X is indebted to A for P 9,000.00. Both debts are due
THERE IS A LEGAL COMPENSATION UP TO P9,000.00
64. Refer to the same facts except that the debtors are jointly liable to X. As a result, which statement is INCORRECT?
THERE IS NO LEGAL COMPENSATION AT ALL
65. Concerning legal compensation
Legal compensation cannot take place if the debts have different due dates - FALSE
Legal Compensation may take place although the debts are payable at different places- TRUE
66. The absence of the stipulation on liability in case for fortuitous event is generally to the advantage of the
DEBTOR
67. A stipulation that demand shall not be required in order to make the debtor in delay is generally to the advantage of the:
DEBTOR
68. D borrowed P500,000.00 from C payable at the end of five years. Due to supervening extraordinary inflation, the value of the dedbt
fell to P250,000.00 on the date of maturity. How much must D pay C on the date of maturity?
P250,000.00
69. An obligation cannot exist without a contract- FALSE
A contract can exist without an obligation- FALSE
70. Obligations are immediately demandable EXCEPT
OBLIGATION WITH A CONDITION ANTECENDENT
71. When a third person pays the creditor without intending to be reimbursed and the debtor did not give his consent to the donation:
THE PAYMENT IS VALID AS TO THE CREDITOR WHO ACCEPTED IT
72. D owes C P30,000.00 due on April 01, 2015. C owes D P30,000.00 due on March 15, 2015. What kind of compensation may possibly
take place today is February 14, 2015.
VOLUNTARILY
73. D owes C P20,000.00 payable on or before March 31, 2015. C is obliged to pay D P20,000.00 on March 15, 2015. As a result, which
statement is INCORRECT?
C MAY CLAIM COMPENSATION ON MARCH 15,2015
74. Consignation, without any tender of payment, will release the debtor from liability in the following case EXCEPT
THE CREDITOR IS CAPACITATED TO RECEIVE PAYMENT
75. D borrowed P 10,000.00 C. On due date, C was already insane. Nonetheless, D gave C P10,000.00 to settle the debt. When C’s guardian
learned of the payment made by D, C was found to have only P3,000.00 left in his wallet and that he had lost P1,500.00in a gambling
game and used P 5,000.00 to by his food.
PAYMENT IS VALID ONLY UP TO P8,500.00
76. Not a feature of dacion en pago
THE DEDBTOR MUST BE INSOLVENT
77. Not a feature of payment by cession
THE DEBTOR IS TOTALLY RELEASED FROM HIS LIABILITIES
78. Statement concerning facultative obligation is CORRECT?
THE RIGHT TO MAKE THE SUBSTITUTION BELONGS TO THE DEBTOR ONLY
79. D is indebted to C for P100,000.00. Which is already due. D offers to give a certified check to C to settle the debt
IF C REFUSES TO ACCEPT THE CHECK, D MAY REPLACE THE CHECK WITH 5,000 PIECES OF P20.00 BILL AND IF C REFUSE TO ACCEPT IT , D MAY
CONSIGN THE PAYMENT
80. The waiver of an action for fraud is valid in the case of
PAST FRAUD
81. D borrowed P50,000.00 from C. On due date, D offered to give his ring, his bracelet or his necklace in payment of the deft of five days
from the due date of the original obligation. C accepted the offer. Two days before the new due date, D’s ring was lost through his
fault.
D IS NOT OBLIGED TO PAY DAMAGED TO C FOR THE LOSS OF THE RING DUE TO HIS FAULT
82. Statement are presented:
Statement I: A quasi contract is an implied contract - FALSE
Statement II: There is no delay in obligations not to do.- TRUE
84. D obtained loan of P1,000,000.00 from C. The debt, which is due on December 31, 2015, is secured by chattel mortgaged of D’s brand
new Toyota Innova van. On June 1, 2015, the van was swept away by flood waters at the height of Typhoon Olga and could no longer
be found
D’S OBLIGATION P1,000,000.00 BECAME DEMANDABLE ON JUNE 01, 2015, UNLESS HE GIVES ANOTHER SECURITY.
85. On January 01, 2015, D borrowed P500,000.00 from C with interest at 10% per annum. The loan obligation the interest are due on
December 31, 2015.
D MAY COMPEL C TO ACCEPT PAYMENT BEFORE DECCEMBER 31, 2015- INCORRECT
C MAY COMPEL D TO MAKE PAYMENT BEFORE DECEMBER 31, 2015 -INCORRECT
86. Refer to the facts in preceding number. Assuming that on due date, D has only P500,000.00 and he offers this amount to C who is
willing to accept it as partial payment.
THE PAYMENT SHALL BE APPLIED FIRST TO THE INTEREST AT P50,000.00. THA BALANCE OF P450,000.00 SHALL BE APPLIED TO THE PRINCIPAL;
HENCE, D STILL OWES C P50,000.00FOR THE RPINCIPAL WHICH WILL CONTINUE TO BEAR INTEREST
87. D obliged himself to give P50,000.00 to C if C does not fly to the moon.
THE OBLIGATION IS IMMEDIATELY DEMANDABLE
88. A, B and C are liable individual and collectively to X in the amount of P30,000.00. On due date, X demanded payment from A.
However, C is insolvent
X MAY COLLECT P30,000.00 FROM EITHER A AND B
89. Delia obtained a loan of P50,000.00 from Corazon payable on January 31. On January 25, Delia offered to deliver her diamond ring of
the same value on January 31 to Corazon to settle the debt. Corazon accepted the offer on the same dat. Thus, on January 31, Delia
delivered her diamond ring to Corazon. Which statement is INCORRECT?
DELIA’S LOAN OBLIGATION OD P50,000.00 WAS EXTINGUISHED ON JANUARY 31 WHEN SHE DELIVERED HER DIAMAOND RING TO CORAZON.
90. A, B and C are indebted to W, X, Y and Z in the amount of P24,000.00. In this case:
W CAN COLLECT P2,000.00 EACH FROM A, B AND C. THEN HE NEED NOT GIVE ANY AMOUNT TO X, Y AND Z
91. The principal of negotorium gestio does not apply:
WHEN THE PROPERTY OR BUSINESS IS NOT NEGLECTED OR ABANDONED – DOESN’T
WHEN THE OFFICUOUS MANAGER HAS BEAN TACITLY AUTHORIZED BY THE OWNER- DOESNT
92. Statement are presented:
Statement I: There is no delay in obligations not to do. -FALSE
Statement II: Delay is applicable only to the debtor never to the creditor. - TRUE
93. The obligation of a school to provide its student a safe and secure environment and an atmosphere conducing to learning is an
obligation arising from:
CONTRACT
94. When the debtors bind himself to pay as soon as he has the means:
THE OBLIGATION IS VALID, BUT THE CREDITOR MUST GO TO AND ASK THE COURT TO FIX THE PERIOD FOR THE PAYMENT OF THE OBLIGATION
95. M makes an interest-bearing promissory note amounting to P100,000.00 payable to the order of P. The back of the promissory notes
contains the following indorsements: P to A, A to B, B to C and C to H who is now in possession of the note. On due date, H goes to the
office of M to collect but he finds R who is trying to collect the amount on the note based on a power of attorney supposedly executed
in his favor by C. M is now confused on whom to pay. He is worried that the interest will keep on accruing if he does not pay. If you
were in the position of M, the safest thing that you will do is:
GO TO COURT AND DEPOSIT THE PAYMENT BY WAY OF CONSIGNATION
96. M obtained a loan of P50,000.00 from P. The loan is evidenced by promissory note executed by M with G signing as a guarantor of the
debt. P assigns the note to A, A to B, B to C and C to G. The assignment of the note to G extinguished:
ONLY THE GUARANTY
97. D borrowed P200,000.00 from C. The debt is payable after 6 months and is secured by a chattel mortgaged on D’s growing crops. A
month before due date, the crops were completely destroyed by Typhoon Ondoy
C MAY NOW DEMAND IMMEDIATE PAYMENT OF THE LOAN UNLESS D FURNISHES ANOTHEER SECURITY
98. Void Obligation
D TO GIVE C P50,000.00 IF D WINS IN THE SWEEPTAKES D HAS NOT YET BOUGHT THE SWEEPTAKES TICKET
99. D owes C the following debts: P3,000.00 due on July 1, P5,000.00 due on July 6, P2,000.00 due on July 15 and P2,000.00 due on July 25.
If today is July 22 and D gives P2,000.00 to C but neither nor C indicated the debts to which the payment shall be applied to
TO THE DEBTS DUE ON JULY 1, JULY 6, AND JULY 15 PROPORTIONATELY AT P600.00, P1,000.00 AND P400.00 RESPECTIVELY.
100. Legal compensation will not take place if:
THERE IS CONTROVERSY OR RETENTION INVOLVING ONE OF COMMUNICATED COMMENCED BY THIRD PERSON AND COMMUNICATED IN DUE
TIME TO THE DEBTOR.
101. D borrowed P 50,000.00 from C. Not having sufficient cash to pay the debt, D proposed to pay the debt by giving his diamond ring. C
accepted the proposal and received the ring
D’S OBLIGATION IS EXTINGUISHED BY DACION EN PAGO
102. Donita owed Carmina P200,000.00. The loan is secured by a mortgaged of Donita’s lot. After a month Donita paid P20,000.00. Without
the knowledge of Donita, Teresa paid Carmina P200,000.00 believing that Donita still owned the amount of P200,000.00
TERESA CAN DEMAND P180,000.00 FROM DONITA AND IF DONITA CANNOT PAY, TERESA CANNOT FORECLOSED THE MORTGAGED ON THE LOT .
103. A, B and C are solidarily debtors of X in the amount of P60,000.00. A, however, was a minor at the time the obligation was constituted.
If X sues B, B will be liable to X for:
P40,000.00
104. A, B and C are solidarily debtors of X in the amount of P30,000.00. If A is insolvent, how much X collect from B?
P30,000.00
105. A, B, and C are joint debtors of W, X, Y and Z joint creditors, in the amount of P24,000.00. In this case W can demand:
P24,000.00 FROM A, P2,000.00 FROM B AND P2,000.00 FROM C
106. If there is concurrence of two or more creditors and/ or two or more debtors in one and the same obligation, the obligation is
presumed to be:
JOINT
107. Statement I: A stipulation that an obligation shall be paid in a currency other than Philippine legal tender is void – FALSE
Statement II: A cashier’s check is as good as cash; hence, it is a legal tender – FALSE
108. It transfers to the person taking the place of the creditor all the rights pertaining to the credit, either against the debtor or against
third person be they guarantors or possessors of mortgages
SUBROGATION
109. D owes C P20,000.00 with G as guarantor. C, on the other hand, owes D, P15,000.00. Both debts are already due but D is insolvent. In
this case:
C MAY COLLECT FROM G P5,000.0 BECAUSE A GUARANTOR CAN SET UP COMPENSATION AS REGARDS WHAT THE CREDITOR MAY OWE THE
PRINCIPAL DEBTOR.
110. D is obliged to give Object 1, Object 2, or Object 3 to C. The right of choice bas to which object will be delivered to C belongs to:
D ONLY
111. The obligation referred in the preceding number is:
AN ALTERNATIVE OBLIGATION
112. The obligation is extinguished in:
Statement I: Object 1 and Object 2 are lost through D’s fault and later Object 3 is lost through a fortuitous event
Statement II: Object 1 and Object 2 are lost through a fortuitous event, and later Object 3 is lost through D’s fault
STATEMENT 1 ONLY
113. One of the following is an obligation with a period with a suspensive effect
“I WILL GIVE YOU P5,000.00 PER MONTH AS SUPPORT BEGINNING JANUARY 1 OF NEXT YEAR”
114. The creditor has the right to the fruits of the thing from the time:
THE OBLIGATION TO DELIVER THE THING ARISES
115. Statement I: It may or may not happen – CONDITION
Statement II: It always refers to the future – PERIOD
Statement III: It may refer to a past event unknown to the parties – CONDITION
Statement IV: It merely fixes the time for the efficaciousness of an obligation – PERIOD
A and B are indebted to X and Y for 10,000.00. A and B share in the debt in the ratio of 1:3; while X and Y share in the credit in the ratio of 2:3
202. How much may X collect from A if the debtors are joint debtors, while the creditors are joint creditors?
P1,000.00
203. How much may X collect form A if there is active solidarity?
P2,500.00
204. How much may X collect from A if there is passive solidarity?
P4,000.00
D owes the following creditors: X, P20,000.00; Y, P30,000.00; and Z, P50,000.00. D is insolvent so he offers to assign all his properties (except
those exempts from execution) to his creditors in payment of his debts. The creditors accept the offer and are able to sell the debtor’s
properties for P70,000.00. Based on the foregoing facts, which of the following statements is INCORRECT?
Leveriza, the owner of an apartment, leased the premises to Toribio. The terms of the lease provide for a monthly rental of P6,000.00 which
Toribio must pat at the residence of Leveriza about two blocks from the apartment. For the month of December, Toribio went to the residence
of Leveriza but the latter was not around to receive the payment. Not wanting to go back, Toribio left the payment with Nograles, neighbor of
Leveriza, who promised to give the payment of Leveriza. However, Nograles spent the amount he received for himself. Based on the foregoing
facts, which of the following statements is INCORRECT?
On December 01, 2014, Miss Santos a professor of Manila College, engaged the services of Lepanto Transport to bring her class to Calamba,
laguna in time for the Rizal Day celebration on December 30, 2014 which would start at nine o’clock in the morning. The contract signed by the
parties specified that a bus would be in the school premises at six o’clock in the morning and would leave at exactly 6:30 am. However, Lepanto
Transport failed to send bus on the date, time and place agreed upon. As a result, Miss Santos and her class failed to attend the celebration.
Miss Santos sued Lepanto Transport for damages on the ground of delay in the performance of the obligation. For its defense, Lapanto
Transport claimed there was no delay because Miss Santos never made a demand:
D owes C P20,000.00 due on March 15. C, on the other hand owes D the following debts: P8,000.00 due on March 01, P3,000.00 due on March 8,
P5,000.00 due on March 14. On March 12, C assigned his right to T with notice to D but with D bot giving his consent to the assignment. On
March 15, T can collect D:
D owes C P20,000.00 due on March 26. C, on the other hand owes the following debts; P8,000.00 due on March 01, P3,000.00 due on March 8,
P5,000.00 due on March 14 and P2,000.00 due on March 24. On March 18, C assigned his credit right to T without informing D who learned of
the assignment on March 20. On March 25, T can collect D:
D has a grains warehouse in Davao, while C has a grains ware house in Cebu. D borrowed 10 sacks of rice worth P10,000.00 from C for D’s
customer in Cebu. Later, C borrowed 10 sacks of rich which was also worth P10,000.00 from D for C’s customer in Davao. Both the obligations
are already due. Transport cost to Davao amount to P1,000.00, while those for Cebu amount to P800.00
Prime Engineering Review Center (PERC) stated in the leaflets it distributed last January that any reviewee who places first in the licensure
examination for engineers this year will be received a cash prize of P150,000.00
Ace Realty Company (Ace) ordered 6 units of “Borden” typewriters from Central Office Machines at the price of P8,000.00 per unit. However,
Central delivered to Ace 6 units of “Remington” typewriters, a superior brand which was priced at P8,500.00 per unit. Central informed Ace that
it will bill the latter for the “Remington” typewriters at P8,000.00 only. Ace refuses to accept the “Remington” typewriter.
A, B and C are liable in solidum to X for P12,000.00 the share of A who accepted it. Late, B becomes insolvent.