Chapter 3 Different kinds of obligations Part 1 True or False 1. A condition has for its requisites futurity and uncertainty. 2. A term or period has for its requisites futurity and uncertainty. 3. A period may or may not happen. 4. A condition will surely come to pass. 5. If the suspensive condition is fulfilled, the obligation is extinguished. 6. If the resolutory condition is fulfilled, the obligation becomes effective. 7. If the resolutory condition is not fulfilled, the juridical relation is consolidated. 8. In suspensive condition, rights are not yet acquired, but there is a hope or expectancy that they will soon be acquired. 9. In suspensive condition, rights are already acquired, but subject to the threat of extinction. 10. If the fulfilment of a potestative condition depends exclusively upon the will of the debtor, the conditional obligation shall be void. 11. If the fulfilment of a potestative condition depends exclusively upon the will of the creditor, the conditional obligation shall be valid. 12. A owes B P3,000.00 payable whenever he can pay or when his means will permit him to do so is an obligation with a suspensive condition. 13. A to give B P50,000.00 if B will not kill C is a valid obligation 14. An obligation subject to a suspensive condition is demandable at once. 15. An obligation which is demandable if a certain person dies is an obligation with a period. 16. The condition shall be deemed fulfilled if the debtor voluntarily prevents its fulfilment. 17. A condition may refer to a past event unknown to the parties. 18. The period in an obligation always refers to the future. 19. Whenever a period is designated in an obligation, it shall be presumed to have been established for the benefit of the debtor. 20. A will pay B P100,000.00. Either of the party may file a suit and the court will fix a period so that the parties may know when the obligation will be fulfilled. Part 2 True or False 1. A person alternatively bound by different prestations shall completely perform all of them. 2. The creditor in alternative obligation can be compelled to receive part of one and part of the other undertaking. 3. In alternative obligation, the right of choice belongs to the creditor unless it has been expressly granted to the debtor. 4. There is no delay or default in alternative obligations. 5. In alternative obligations, once the choice is communicated to the creditor the obligation becomes simple obligation. 6. In alternative obligations, the choice made by the debtor must be approved by the creditor. 7. In alternative obligations, the loss of one of the objects which are due because of the fault of the debtor shall extinguished the obligation. 8. In facultative obligations, the right of choice belongs only to the debtor. 9. In facultative obligations, it is also necessary that the debtor communicates to the creditor his decision to perform the substitute prestation. 10. In facultative obligations, the loss or impossibility of the prestation which is due will not extinguish the obligation because of the availability of the substitute prestation. 11. When there are two or more and/or two or more creditors in one and the same obligation, the obligation is presumed to be a solidary obligation. 12. In a joint obligation, any one of the debtors 24. Indivisibility of obligation may exist even if there is only one debtor and one creditor. 25. An obligation may be indivisible because of the stipulation of the parties. 26. A penal clause in an obligation is a coercive means to obtain compliance from the debtor. 27. As a general rule, the penalty takes the place of payment of damages and interest in case of non-performance by the debtor. 28. The courts may reduce the penalty not only when there is partial performance but also when there is no performance by the debtor at all when the penalty is unconscionable or iniquitous. 29. A debtor can just pay the penalty instead of performing the obligation. 30. A penalty is an accessory obligation. Hence, the nullity of the principal obligation extinguishes the penalty. 13. In solidary obligations, there is mutual agency or right of representation between and among the creditors and same with the debtors. 14. In joint obligation, the insolvency of one of the debtors shall make the other co-debtors liable for his share of the debt. 15. In solidary obligation, demand made by one of the creditors to one of the debtors is sufficient to make all debtors in delay or default. 16. In joint obligation, demand made by one of the creditors will benefit him but not the other co- creditors. 17. In solidary obligations, any one of the debtors may pay any one of the creditors except if demand is made by one of the creditors, payment should be made to him only. 18. If one of the solidary debtors paid or performed the obligation after it has prescribed or has become unlawful, he is not entitled to reimbursement. 19. In solidary obligations, any one of the creditors may perform an act which is beneficial to others but not those which are prejudicial. 20. If a solidary debtor cannot reimburse his share to the debtor who paid the obligation, such share shall be borne by the other co-debtors in proportion to the debt of each. 21. In solidary obligations, the act of one is the act of the others. 22. In joint indivisible obligations, the fulfilment of the obligation requires the concurrence of all the debtors. 23. In joint indivisible obligations, if one of the debtors refuses to perform the obligation the remedy of the creditor is converted into an action for damages