QUESTIONS

A and B are solidary debtors of X and Y solidary creditors to the amount of P4,000. On the
due date, X renounced in favor of A the entire obligation Which of the following is correct?

A civil liability which involves the return of the object of the crime whenever possible, plus
alowances for any deterioration or diminution of value as may be determined by the court
to the rightful owner- (1 point)

A judicial relation known as Negotiorum Cestio takes place.

A juridical relation known as negotiorum gestio takes place.

A mango tree in the land of Osni is reclining towards the road. All of a sudden without a
storm or an earthquake or even a strong wind, the tree fell hitting a car belonging to Yassie
causing a P20,000 damage The liability of Osni to Yassie arises from

A owes BP2.000 demandable and due on September 10, 2010. B, on the other hand, owes
A P2,000 demandable and due on or before September 30, 2010. If claims compensation on
September 10, 2010, can A rightfully oppose?

A pedestrian who was hit by a taxi and suffered physical injuries can bring an action based
on cupa aquiliana against the operator of the taxi. A pedestrian who was injured because of
the recklessness of a bus driver can bring an action of culpa criminal against the driver but
not the owner.

A person obliged to give something must preserve the object using a standard of care or
diligence. This standard of care or diligence may be.

A sold his cow to B for P2,500. No date was stipulated for the delivery of the cow. While still
in the possession of A, the cow gave birth to a calf
A source of obligation where there easts criminal negligence (1 point)
A wrong committed independent of a contract and with criminal intent (1 point)
A wrong committed independent of contract and without criminal intent is-

Al has been missing for sometime leaving no one to manage his properties Bo and Cyrus
jointly took charge of the management thereof. However, due to the fault of Bo, the
properties of Al were damaged. The liability therefore to Al for damages shall be (1 point)

All of the following except one are civil liabilities arising from crime

An obligation wherein various things are due but the complete performance of all of them
is necessary to extinguish the obligation
Change of persons or objects: (1 point)

Conrad and Charlie are jointly indebted to Pete for P100,000. Pete assigned his interest to
Crispin who assigned it back to Conrad.

Consignation alone shall give rise to the extinguishment of an obligation, EXCEPT: (7 point)

Consignation alone, as a special form of payment, may extinguish an obligation under any
of the following instances. Which is the exception?

Culpa aquliana as distinguished from culpa contractual.

D owes C P10,000 payable on December 25. Later, D forced to sign a promissory note for
P10,000 payable on December 25 If all the other requisites of compensation are present,
are both debts extinguished?

D owes C P200,000 but the debt had already prescribed. If O, knowing that it has
prescribed, nevertheless paid , he cannot later on get back what he voluntarily paid C This is
an example of a

D1, D2 and D3 are solidary debtors of C for P30,000. The obligation was in writing. After the
lapsed of the ten- year prescriptive period, which of the following statement is incorrect.
Daryl is the driver of the passenger bus which is owned and operated by Osni While Daryl is
driving said bus, it met an accident through his negligence where Prots, a passenger, was
injured Daryl is liable to Prots for damages which arises from (1 point)

Daryl owes Cris P100 By mistake Daryl pays Cris P1000. Cris must return the P900. This is an
example of

Every obligation whose performance does not depend upon a future or uncertain event, or
upon a past event unknown to the parties, is demandable at once. This refers to:

Example 1-D obliged himself to give a specific ring upon failure to give P10,000. Example 2-
D obliged himself to give a specific ring. However, if he so desires, D may instead give
P10,000

Example No. 1 D obliged himself to give P10,000 However, the day before the obligation
falls due, D's apartment was completely gutted by accidental fire. There is no question that
the money was also razed by fire. The obligation of D is totally extinguished because of
fortuitous event. Example No. 2: D obliged himself to pay C P 10,000 with 6% interest. On
the due date, tendered P10,000 witha promise to pay the P600 interest the day after If C
refused to accept, he can be compelled to accept thetendered payment because the
obligation is divisible.

Example No. 1 D owes C P 10,000 due on December 25. C owes D P6,000 due on December
25 D's obligation is guaranteed by G On the due date, Dis insolvent. C is liable to C for
P10,000, he (C) cannot set up compensation because he is not a principle debtor. Example
No. 2: D owes C P10,000 payable on December 25. Later, D, through intimidation was able
to make C sign a promissory note stating that is indebted to D for the same amount. In
here, D cannot be acquired to pay C P 10,000 because he (D) can set up compensation
against C.

Example No. 1: D for P10.000 mortgaged his land to c. C instead of a deed of mortgage
executed a deed of sale and let D sign his name D's right is to go to court and ask for
annulment. Example No. 2: D obliged himself to give object No. 1 or object No. 2 to C. In
here, both objects are due.

G was appointed guardian of S. the latter being 16 years old. S sold his parcel of land in
writing to B valued at P100,000 for P75,000, suffering lesion by' of the value. What is the
status of the contract?

If the obligation is payable in foreign currency

III give you my car one year after your death." The obligation is
In which of these cases is advanced payment recoverable by the debtor?

It is one of the essential elements of an obligation

Meeting in one person of the characteristics of both debtor and creditor in one and the
same obligation extinguishes the obligation by way of

Obligation may be modified by:

On June 1, 2010, S sold to B the former's horse for P10,000. S promised to delver on June
25, 2010, while 6 did not promise when to pay.

On June 1, 2010, S sold to B the former's horse for P10,000. S promised to delver on June
25, 2010, while 6 did not promise when to pay.

S owns an oil painting. Being in need of money, S sold the painting to B for P1000. After the
sale S discovered that the painting was valuable and was worth P5,000.

S owns specific ring and sells it to B for P10,000. B paid S the price, and S promised to
deliver the ring five (5) days after After the sale, S gets a loan from X and pledged the ring in
a private instrument. Statement 1 - Between 0 and X, B has got a better title because the
pledge did not appear in a public instrument. Statement 2 - However, if S delivers the ring
to X, X will have a better title because there was delivery

S sold to B a specific car for P10,000 and promised to deliver on December 25, 2017. The
next day, after the sale is made, he sold the same car to X and delivered it to X on the same
day. If no delivery is made by S to B on December 26, 2017, which of the following is
correct?

Statement No 1: “if the obligation does not fix a period, but from its nature and the
circumstances, it can be inferred that a period was intended, the court may fix the duration
thereof. Once it is fixed by the court, the parties cannot change the fixed date for
performance. Statement No. 2: "I will give you P10,000 as soon as possible." This is an
obligation with a period for the benefit of both the debtor and creditor
Statement No. 1 Responsibility arising from fraud is demandable in all obligations. A waiver
of an action for future fraud is void. Statement No. 2. When the fulfillment of the condition
depends upon the sole will of the debtor, the conditional obligation shall be void. If it
depends upon chance or upon the will of a third person the obligation shall take effect in
conformity with the provisions of laws.

Statement No. 1: "I will give you a specific car if you will not marry X this year (2018) If by
the end of 2017, both parties are alive and no marriage has taken place my obligation is
extinguished. Statement No. 2 " will give you P10,000 if you cannot make a dead man alive.
This is an impossible condition obligation not demandable.

Statement No. 1: D obliged himself to give C a specific car tomorrow. If D failed to deliver
tomorrow after demand is made C may compel D to do his obligation and may ask for
damages. Statement No. 2 D obliged himself to deliver a car to C tomorrow. If D failed to
deliver tomorrow after demand is made C's right is to ask a third person to deliver a car to
him at the expense of D plus damage

Statement No. 1: in culpa aquiliana negligence on the part of the debtor is a substantial
issue which must be proved by the creditor in order to be entitled to an award of damages
Statement No. 2: The highest standard of care that a person obliged to give something is
that diligence of a good father of a family

Statement No. 1: in solutio indebiti, the contract of the parties is the basis for damages in
case of non-performance. Statement No. 2. Dolo", as a ground for awarding damages, is the
deliberate intention to cause damage or injury to another person

Statement No. 1: The receipt of the principal obligation without reservation as to the
payment of interest shall raise a conclusive presumption that the interest is also paid.
Statement No. 2. The receipt of the latter installment of a debt without reservation as to
prior installment, shall not raise a conclusive presumption that the prior installment is also
paid.

Statement No. 1: When the prestation is negative and the debtor is precluded from doing
an impossible or unlawful condition, the entire obligation including the condition, is null
and void. Statement No. 2. in an obligation subject to a period, what is suspended is the
birth of the obligation

Statement No. 1; The concurrence of more than one creditor or more than one debtor in
one and the same obligation implies solidarity. Statement No. 2 In alternative obligations
where the right of choice is exercised by the creditor consent of the debtor as to the
creditor's choice of which prestation to perform is necessary. (1 point)

Statement No. I: “Legal compensation takes place by operation of law even if the parties
may not be aware of.” Statement No. 2. The indivisibility of an obligation necessarily implies
solidarity

The act of abandoning all his properties in favor of his creditors so that the latter may cause
their sale and apply the proceeds thereof to their daims proportionately is called
The delivery and transmission of ownership of thing by the debtor to the creditor as an
accepted equivalent performance of an obligation is called.
The duty not to recover what has been voluntarily paid a though payment was no longer
recuired:
The following are causes vitiating consent, EXCEPT:

The following except one are secondary modes of extinguishing obligations. Which is that
exception?

The kind of compensation which may only be raised by the creditor and not by the debtor
in the obligation to give gratuitous support:
The loss or harm suffered by one person on his property is called:
The obligation of the employer to pay death benefits and funeral expenses for his
employee's death while in the course of employment as sanctioned by the Workmen's
Compensation Act is one that arises from

The officious manager or gestor is liable for any fortuitous event, except

The passage of time extinguishes the obligation:

The wrongful act or tort which causes loss or harm to another is called:
Three of the following are requisites of an obligation. Which is the exception?

Three of these are characteristics of payment by cession Which is the exception?

When Al voluntarily takes charge of the neglected business of Bo without the latter's
authority where reimbursement must be made for necessary and useful expenses, there is
a
When the debtor binds himself to pay when his means permit him to do so, the obligation
is: (1 point)
When there is a return of what was not lawfully required, there is:

Which obligation is not valid?

Which of the following is an obligation with a period for the benefit of both the debtor and
the creditor?

Which of the following is considered as quasi-contract?

Which of the following is not a conditional obligation?

Which of the following is not a generic obligation?

Which of the following is not a special mode of payment (1 point)

Which of the following is not an obligation arising from law? (1 point)

Which of the following is not an obligation with a period? (1 point)

Which of the following obligations is not subject to a period?

Which of the following statements is false?

 A B C
b. Y can still collect from A or C. Y can collect from X
a B shall give A P2,000.
B P2,000. P2,000.

a reparation b. restitution c. indemnification

a When a person voluntarily

b. When something is c. When a person is
takes charge of another's
received and there is no right appointed by a court to take
abandoned business or
to demand it and it was the property or business of
property without the owner's delivered through mistake. another.
consent.

a When a person voluntarily

takes charge of another b. When something is c When a person is appointed
abandoned business or received and there is no right by a court to take the
to demand it and it was property or business of
property without the owner's delivered through mistake.
another.
consent

a Law b. Quasi-contracts Contracts.

a No. B, who was giving the

benefit of the term, may b. Yes. A can property oppose c. Yes. A can property oppose
claim compensation because and if B still refuses to accept
he could then choose to pay because for compensation to his payment made on
his debt on September 10, take place, mutual consent of September 30, 2010, A can
2010 which is actually "on or both parlies is necessary deposit his payment in court
before September 30, 2010."

a No, Yes b. Yes, No c. No, No

b diligence provided by c. diligence of a good father of

a diligence provided by law. agreement of the parties the family

A is entitled to the call

because it was born before A is entitled to the calf as B
his obligation to deliver the has not paid the price.
cow arises
B is entitled to the calf which
was born after the perfection
of the contract.
a culpa contractual b quasi-contract c. culpa delictual
a Quasi-contract b. Culpa contractual c. Cupa aquliana
a Culpa contractual b. Culpa aquliana c delict

c. Both shall be solidarily

a. Only Bo shall be liable. b. Both shall be jointly liable.
liable.

a restitution b. reparation of the damaged c imprisonment

caused

a Facultative obligation b. Conjoint obligation c. Alternative obligation

a Confusion b Novation c. Solutio indebiti

a The debt is totally b. The debt is totally c The debt is partially
extinguished by extinguished by merger. extinguished by
compensation compensation

a When the creditor is absent

or unknown, or does not b. When he is incapacitated c. When two or more persons
appear at the place of to receive the payment at the claim the same right to collect
time it is due.
payment.

a When the creditor is absent, b. When the creditor is

or is unknown or does not c When the creditor refuses
appear in the place of capacitated to receive to issue receipts
payment.
payment.

a Proof of due diligence in the b. Proof of the contract and c. The negligence of the
selection and supervision of of its breach and of its breach defendant is merely an
employees is not available as is sufficient prima facie to incident in the performance
a defense. warrant recovery of the obligation

yes, under legal No, B's consent was obtained Yes, with the approval of the
compensation by force. court

a Natural obligation b. Moral obligation c Civil obligation

a. D1 paid C knowing that the b. if D1 paid not knowing that c. lf D1 paid C not knowing
obligation has already the obligation has already that the obligation has
prescribed, D1 cannot ask prescribed, D1 cannot ask already prescribed, his right is
reimbursement from D2 and reimbursement from D2 and to proceed against C because
D3 D3. there was undue payment.
a law b. Quasi-contracts c. Contracts.

a Negotiorum gestio b. Solutio indebiti c. Natural obligation

a Divisible and indivisible b. Joint and Solidary

O c Obligations with a period
obligations obligations

a Both are valid obligations. b. Only No. 2 is valid. Only No 1 is valid

a Both are true b. Both are false c. No. 1 is true No. 2 is false.

Only No 1 is true; No. 2 is

a Both examples are true b. Both are false.
false.

a Both are true b. Both are false. c c No. 1 is true No 2 is false.

a Rescissible b. Unenforceable c. Enforceable

the creditor can compel the

the obligation is valid, but the debtor to pay in foreign
the obligation is void.
stipulation is void.
currency as per agreement.

a valid, because the event is O b valid, the obligation is c. valid, but disregard the
sure to come. conditional condition
 b. If the debtor voluntarily
a. lf the payment is only of
interest credited for the paid the obligation knowing c. If the debtor was unaware
that it is not yet due and of the period.
proper period.
demandable
a A maker or draver b. An object or prestation c. A drawee

a novation b merger of confusion C. compensation or set-off

a Changing their object or b. Substituting the person of c. Subrogating a third person

principal conditions the debtor. in the rights of the creditor.

a B can demand delivery from

c. Obligation of B to pay is
S anytime after June 1, upon b. 5 cannot demand payment
payment of the price of the until he delivers the horse. subject to the condition that
sale will deliver the horse

a B can demand delivery from

c. Obligation of B to pay is
S anytime after June 1, upon b. 5 cannot demand payment subject to the condition that
payment of the price of the until he delivers the horse.
will deliver the horse
sale

a. S may rescind the contract

on ground of lesion or b. S may annul the contract c. S may annul the contract
inadequacy of cause. on ground of fraud. on ground of error.

a Both are true b Both are false c. No. 1 is true; No 2 is false

b. B can cancel the contract

a Sis not in default because between S and X because the c. S is liable to B for the value
there was no demand. contract of S and B was of the car plus damages.
perfected ahead of X.

a Both are true b. Both are false c. No. 1 is true No. 2 is false.
 o b. Both statements are
a Both statements are true. c. No. 1 is false No. 2 is true.
false.

a Both are true b. Both are false. c. No. 1 is true No. 2 is false.

a Both are true b. Both are false c. No. 1 is true No. 2 is false.

c Statement No. 1 is true

a Both statements are true. b. Both statements are false.
while statement No. 2 is false.

a Both are true b. Both are false. c. No. 1 is true No 2 is false.

a Both are true b. Both are false. c. No. 1 is true No. 2 is false

c. Statement No. 1 is true

a Both statements are true. b. Both statement are false.
while statement No. 2 is false.

c. Statement No. 1 is true

a Both statements are true. b. Both statements are false. while statement No. 2 is false.

o b. Both statements are c. Statement No. 1 is true

a Both statements are true.
false. while statement No. 2 is false.

a dacion en pago b. set off c. payment by cession

Dacion en pago Payment by cession Consignation

a Natural obligation b. Moral obligation c. Civil obligation

a Violence b. Intimidation c. Fraud

a death of both parties b. prescription c compromise

a judicial compensation b. conventional c facultative compensation

compensation
a Damages b. Damage с. Injury

a Law ob Contracts c. Quasi-contracts

a lf he has undertaken risky

operations which the owner b. If he has preferred his own c if he fails to return the
property or business after
was accustomed to embark interest to that of the owner
upon demand by the owner

b. Fulfillment of resolutory
a Prescription c. Arrival of resolutory period
condition
a Damages b. Damage c Injury
a Prestation b. Efficient cause c. Delivery
c. abandonment of all the
a complete or partial b more than one debt debtor's properties except
insolvency. those exempt from
execution.

a Quasi delict b. Quasi-contract c Negotiorum gestio.

a Pure b. Conditional c. With a period

a Solutio indebiti. b. Negotiorum gestio. c. Cession en pago.

a promise to give you b. 1 promise to give you a promise to give you

P100,000 on December 25, P100,000, if I go to Sampaloc P100,000 if your patient
2010 Quezon this weekend." dies."

c. Payable on or before
a Payable if I like b. Payable when you like
December 25, 2010

b. When the third person c. Reimbursement due the

a Solutio indebiti. without the knowledge of the person who saved property
during fire or storm without
debtor, pays the debt
the knowledge of the owner.
a D to give P1,000, if C passes b. D to pay CP1,000, if C has
the examination the means. c. D to give a horse if marries X.

b.obligation to deliver 2009 c. obligation to deliver 50

a obligation to pay P5,000
Nissan Sentra Series III cavans of rice

Tender of payment and

Dacion en pago Payment by cession
consignation

a Delict b. Quasi-contract c. Quasi-delict

a "Payable soonest"
O a payable soonest
b. An obligation payable little c. Will pay you P10,000 if I
by little like
O c. payable whenever "I like
b. payable "little by little
it"

b. Proof of actual damages

a The nullity of the principal c I will pay you P10,000
suffered by the creditor is not
carries with it that of the necessary in order that the "soonest" is for the benefit of
penal clause
penalty may be demanded. the debtor
 D E
d. Any of the three. e. None of the above

d. imprisonment

d. None of the above

d. None of the above.

d. Crime e Quasi-delict

d. None of the above

d. Yes, Yes

d any of the above

B in order to be entitled to
the calf, should pay additional
cost for the calf to be agreed
upon by both parties
d culpa aquiiana
d Culpa criminal
d quasi-contract e none of the above

d. They are not liable since

Alis at fault for having
abandoned his properties.

d. indemnification for
consequential damages

d Pure or simple obligation

d. None of the above

d. The debt is partially

extinguished by merger.

o d When the title of the

e. None of the above
obligation has been lost

o d When there are two or

e. When title to the same
more persons claiming title to obligation has been lost.
one and the same obligation

d. The source of liability is the

defendant's negligent act or
omission itself.

Not given

d. Personal obligation

d None of the above

d Crime e. Cupa contractual

d. Quasi delict

d. Pure obligation

d. Both obligations are invalid

because both depends upon
the sole will of D.

d. No. 1 is false No. 2 is true

d Only No. 1 is false; No. 2 is

true.

d No. 1 is false, No 2 is true

d Voidable

The stipulation and the

obligation are void.

d. void, not legally possible.

d. If the obligation is
reciprocal and both parties
advanced payment

d money

d condonation or remission

d All of the above

d. 5 can demand from B

payment anytime from June
1, because E's obligation is
not subject to any condition.

d. 5 can demand from B

payment anytime from June
1, because E's obligation is
not subject to any condition.

d. B is entitled to the benefit

of the contract because it is
valid and binding.

d. No. 1 is false No. 2 is true,

d. Sis in default, even if there

was no demand. Hence, he
will answer for damages

D. No. 1 is false: No.2 is true.

d No. 1 is true, No. 2 is false

d. No. 1 is false, No. 2 is true

d No. 1 is false. No 2 is true

d. Statement No. 2 is false

while statement No. 2 is true.

d. No. 1 is false No. 2 is true

d. No. 1 is false No. 2 is true

d. Statement No. 1 is false

while statement No. 2 is true.

d. Statement No. 1 is false

while statement No. 2 is true.

d. Statement No. 1 is false

while statement No. 2 is true.

d tender of payment with

consignation
Remission

d. None of the above

d. None of the above

d. changing the object of the
obligation with the consent of
the parties

di legal compensation

d. None of the above

d. Answer not given

d. If he assumed the
management in bad faith.

d. Remission e Rescission

d. None of the above

d. Passie Subject

d. one debtor, one creditor

d. Solution indebiti

d Simple e. None of the above

d. None of the above.

d. promise to give you
P100,000 if you pass the May
2010 CPA Board
Examination."

d Payable on December 24,

2010

d. All of the above.

d. None of the above

o d obligation to give a
delimited generic object

Consignation alone without

the need of tender of
None of the above
payment in cases provided
for by law
d Contract
d. Payable "within 2 years
e. All of the above
from today'
d. payable "when my means
permits me to"

d. Condonation is essentially
gratuitous.
1. If an obligation states that the debtors bind themselves jointly and
severally, the obligation is considered joint.
5. A lender can recover the principal of a loan in a usurious contract
even if the contract is void as to the interest.
6. The nullity of the penal clause carries with it that of the principal
obligation.
7. In alternative obligation, the right of choice belongs to the creditor,
unless it has been expressly granted to the debtor.
8. As a rule, a creditor has a right to the fruits of the thing from the
time the obligation to deliver it arises.
11. Negligence signifies the idea of delay in the fulfillment of an
obligation

12. The indivisibility of an obligation necessary implies solidarity.

13. Prestation is the object or subject matter of the obligation

15. All rights acquired in virtue of an obligation are transmitted in the
absence of any law or stipulation to the contrary.

16. Payment made by a third person who does not intend to be

reimbursed by the debtor is deemed to be a donation which requires
the debtor's consent of the debtor's consent is not given the
obligation is not extinguished.

17. When the fulfillment of the suspensive or resolutory condition

depends upon the sole will of the debtor, the conditional obligation
shall be void

20. D obliged himself to give C P1.000.000 if the latter would not kill X
a third person. In this case, both the condition as well as the obligation
is void.
21. An example of debt that may be compensated is that arising from
a deposit
23. Responsibility arising from fraud is demandable in all obligations.
Any waiver of an action for future fraud is void.

25. Mora is a term used to denote delay or default in the performance

of fulfillment of an obligation Mora accipiendi is that delay or default
which is attributable to both parties in reciprocal obligations.

30. The condition not to do an impossible thing shall render the

obligation demandable at once.
31. Payment made by the debtor to a third person who is not the
creditor shall never extinguish the obligation
32. Efficient cause is the legal or juridical tie which binds the parties to
the obligation
33. D binds himself to pay C P10,000. The court in this case shall fix the
period, since the parties failed to fix the period
34. As a rule, the creditor has a right to the fruits of the thing from the
time the obligation is perfected.
40 A natural obligation is a valid obligation
41. Whenever in an obligation a period is designated, it is presumed to
have been established for the benefit of both the creditor and the
debtor

43. A is obliged by contract to deliver a specific car to B. A is not

obliged to deliver the "jack" of the car to B because the delivery of the
jack is not mentioned in the contract

46. Without demand from the creditor, the debtor, even if he fails to
perform the obligation on the agreed date does not incur delay.

47. In order to be awarded damages, the creditor must prove

negligence in breaches of contracts through negligence, as the latter is
a substantial incident of the obligation.

48. Solidarity cannot exist if the creditors and the debtors are not
bound in the same manner and by the same periods and conditions.

49. D obliged himself to pay to the sum of P50,000 which he owes him
when he (D) feels like it. This kind of obligation is valid and legally
enforceable

50. Responsibility arising from negligence or culpa in the performance

of an obligation is demandable. Culpa aquiliana is that fault or
negligence which results from breach of contract.
51. An example of an obligation with a period is when a premises to
pay B P10,000 one month from the death of C.
54. In obligations arising from law, the duty to deliver the fruits arises
from the duty to deliver the principal object.

55. In case an extraordinary inflation or deflation of the currency

stipulated should supervene, the value of the currency at the time of
the maturity of the obligation shall be the basis of payment.

56. A stipulation to pay a domestic obligation in foreign currency shall

render it void but the obligation remains to be valid
57. There is no delay in an obligation not to do something.
59. The obligation to give a determinate thing includes that of
delivering all the accessions and accessories, even though they may
not have been mentioned in the agreement
60. A solidary creditor cannot assign his rights, without the consent of
the others.
61. In novation by way of expromission there can be a revival of the
original debtor's obligation should the new debtor turns out to be
insolvent and such is of public knowledge
64. Payment made in good faith to any person in possession of the
credit shall extinguish the debtor's obligation.
65. D binds himself to pay 'little by little". The obligation is for the
benefit of the debtor.
69. The owner and operator of a taxicab who had been negligent while
driving the cab can be held liable for damages for injuries sustained by
his passenger based on culpa aquiliana
70. Payment by cession does not always extinguish the whole
obligation.

73. Delay or mora is defined as the failure of the debtor to observe the
required standard of care required by the nature of the obligation
taking into consideration the circumstances of time, person event and
place.

73. Delay or mora is defined as the failure of the debtor to observe the
required standard of care required by the nature of the obligation
taking into consideration the circumstances of time, person event and
place

75. The creditor acquires real rights over the thing from the moment
the thing is delivered and nor from the time the obligation to deliver it
arises.
76. In delegacion, the insolvency of the new debtor may at times
revive the original debtor's obligation.

77. Solidarity may exist although the creditors and the debtors may
not be bound in the same manner and by same periods and conditions

78. Just before the obligation became due and demandable, the
debtor proposed to the creditor that he would give him a specific cart
instead of paying P150,000, and which proposal was accepted by the
creditor. Here, there is extinguishment of an obligation by way of
dacion en pago.

79. The payment of debts in money shall be made in the currency

stipulated, and if it is not possible to deliver such currency which is
legal tender in the Philippines

85. Novation, which consists in substituting a new debtor in the place

of the original one, may not be made without the consent of the
debtor

86 The concurrence of 2 or more creditors ar 2 or more debtors in one

and the same obligation does not imply that each one of the creditors
has a right to demand, or that each one of the debtors is bound to
render entire compliance with the obligation.
In civl obligation, the fulfillment of the obligation depends solely on
the conscience of the person
90. The giving of money order for the full amount of the obligation is
payment.
91 Civil fruits are those produced by lands of any kind through
cultivation
92. The principal remedy of the creditor in case the debtor is guilty of
fraud in the performance of an obligation is basically to file an
annulment of the obligation with damages

94 When the conditions have for their purpose the extinguishment of

an obligation to give the parties, upon the fulfillment of said
conditions, shall return to each other what they have received.

98 Payment means not only the delivery of money but also the
performance, in any other manner of an obligation

100. Obligations arising from contracts have the force of law between
the contracting parties and should be complied with in good faith

101. In obligations with a penal clause, the penalty shall substitute for
damages and the payment of interest in case of noncompliance.

102. In order that the creditor can demand the penalty in an obligation
with a penal clause, it is necessary that he show proof of actual
damage suffered by him

103. When the debtor binds himself to pay when his means permit
him to do so, the obligation shall be deemed to be conditional.

106. The concurrence of two or more debtors and two or more

creditors in the same obligation is presumed to be a solidary
obligation.

108. The renunciation of the principal debt shall extinguish the

accessory obligations; but the waiver of the latter shall leave the
former in force
109 Prescription is the extinguishment of an obligation by the passage
of time
112. Future fraud on the part of the debtor can be waived

113. In alternative obligation, both parties have equal rights of choice.

116. Remission of an obligation obtained by one of the solidary

debtors shall entitle him to get a share from his co-debtors by way of
reimbursement
117. After substitution in facultative obligations, the loss of the
principal through the fault or negligence of the
debtor shall render him liable for damages in favor of the creditor

118. In culpa contractual, negligence on the part of the debtor must

be first proved by the injured person in order to be awarded with
damages.

119." promise to give you a specific ring if I go to Subic this Sunday".

This kind of obligation is valid and legally demandable from the
creditor should he really go to Subic as he promised
120. The nullity of the principal obligation does not carry with it that of
the penal clause.
124. The thing is deemed lost when it perishes, or goes out of
commerce, or disappears in such a way that its existence is unknown
or it cannot be recovered.

125. Whenever in an obligation a period is designated, it is presumed

to have been established for the benefit of the debtor, unless from the
tenor of the same it should appear that the period has been
established in favor of the creditor

127 The creditor is not compelled to accept payment in check or other

negotiable instruments
128. In alternative obligations, what converts the same into a pure or
simple obligation is the choice of prestation to be performed by the
debtor.
130 Interests are recoverable if obligations consist in payment of
money upon judicial demand
132. A solidary debtor is at all times entitled to reimbursement from
his co-debtors if he pays for their obligations.

134. Every person obliged to give something is also obliged to take

care of it with the proper diligence of a good father of a family

136 Ten sacks of corn cannot be compensated legally by ten sacks of

rice
137. In facultative compensation, the debtor is legally allowed to have
the two obligations set off

138. After the obligation became due and demandable, the creditor
agreed to a proposal by the debtor to give him a specific cow instead
of paying P25,000. This is a case of novation by changing the term or
the object of an obligation

139. In an obligation subject to a suspensive period, what is suspended

is the birth of the obligation

146. D issued a promissory note payable to the order of C with G as

the guarantor. The same note was negotiated by C to A, A to B, B to E,
then lastly from Eto G. The merger taking place in the person of G
extinguishes the principal obligation
151 Suspensive condition is one which extinguishes the obligation
upon the happening of the condition
152 In expromission, the insolvency of the new debtor may at times
revive the original debtor's obligation
154. Unless the law or stipulation of the parties requires another
standard of care, the debtor is obliged to take care of the thing with
the proper diligence of a good father of a family.
157. An obligation "to pay P300,000" contracted by X, Y and Z in favor
of A, B and C is a divisble obligation.
158 In joint obligation, if one of the debtors is insolvent, the others
shall not be liable for the payment of his share
160. No person shall be responsible for events which could not be
foreseen, or which though foreseen, were inevitable.
163. Debtor obliges himself to pay Creditor P500,000 on or before
December 31, 2019 on demand. In this case the period is established
for the benefits of the debtor.
164. An obligation payable "as soon as possible" is an obligation with a
period for the benefit of both the debtor and the creditor
166. An obligation in money is a divisible obligation
169. A quasi-contract does not require consent of the contracting
parties.
170. When the debtor is guilty of fraud in the fulfillment of an
obligation, a creditor can demand payment of damages and interest in
addition to the penalty

171. Obligation for whose fulfillment a day certain has been fixed, shall
be demandable only when that day comes. Obligation with a
resolutory period takes effect at once, but terminates upon arrival of
the day certain

174. Loss of a generic thing which is the object of an obligation, even

without the fault of the debtor, does not extinguish the debtor's
obligation

175. Proof of actual damage suffered by the creditor is not necessary

in order that the penalty in an obligation with a penal cause may be
demanded
176 The delivery to and acceptance by the creditor of a certified
cashier's check produces payment of the debtor's obligation

177 The receipt by the principal of the payment for the principal
amount without reservation as to the payment of the interest creates
a presumption that the interest has been paid while the receipt by the
principal of a latter instalment without reservation as to the payment
of a prior installment creates a conclusive presumption that the prior
installment has been paid
178. If the debt produces interest, payment of the interest shall not be
deemed to have been made until the principal has been covered or
paid

180. Payment made by a third person who does not intend to be

reimbursed by the debtor is deemed to be a donation which requires
the debtor's consent of the debtor's consent or permission is not giver,
but the third person paid the creditor, his right is to proceed against
the creditor not the debtor, for reimbursement and not against the
debtor.