DIAG OBLIGATIONS 242 a. Extinguishment b . Enforcement Payment or performance Alienation of property 172. Although it is not complete, the payment shall extinguish the obligation: I. If the obligation has been substantially performed in good faith. II. If the creditor accepts the performance despite knowing 175. its incompleteness or irregularity and without expressing any protest or objection. The statement is true with respect to: a. I only. b . II only. C. Both I and II. Neither I nor II. 176. 173. D obtained a loan of P100,000.00 from C. The debt which is payable in 10 equal monthly installments is secured by a real mortgage on D's lot. D paid the first installment of P10,000.00 on due date. T, a third person, paid C P100,000.00 without the knowledge of D and believing that the amount owed by D was still P100,000.00. a T can recover P100,000.00 from D. If D cannot pay, T b. can foreclose the mortgage. T can recover P90,000.00 from D. If D cannot pay, T 177 can foreclose the mortgage. C. T cannot recover any amount from D. Neither can he foreclose the mortgage because he paid C without the d. knowledge of D. T can recover P90,000.00 from D. If D cannot pay, T cannot foreclose the mortgage. 174 . D is indebted to C in the amount of 200,000.00. The debt is 178 secured by a chattel mortgage of D's car and the guaranty of G who signed together with D a promissory note for the debt. G pays C P200,000.00 without the knowledge of D.OBLIGATIONS DIAGNOSTIC EXERCISES - OBLIGATIONS 243 G can collect P100,000.00 from D. If D cannot pay, G a. can foreclose the chattel mortgage. b G cannot collect from D. Neither can he foreclose the chattel mortgage because he paid C without the all extinguish the knowledge of D. C. G can collect from D. If D cannot pay, G cannot foreclose the chattel mortgage. ally performed in d. G's guaranty is not extinguished because he paid C without the knowledge of D. e despite knowing without expressing 175. It transfers to the person who assumes the credit right with all the rights thereto appertaining, either against the debtor or against third persons, be they guarantors or possessors of mortgages. a Substitution b . Subrogation C . Assignment d. Negotiation 176. D owed C P4,000.00. T informed D that he would pay the debt The debt which is to C and that D need not reimburse him. However, D did not secured by a real consent to the payment and the non-reimbursement. ent of P10,000.00 Nonetheless, C accepted the payment from T. 000.00 without the a. it owed by D was b . The payment made by T to C is deemed a donation to D. T cannot recover anything from D. C . The payment is valid with respect to C. f D cannot pay, T D's consent is required for the validity of the payment. 177. f D cannot pay, T Which of the following is required in order that the payment made by the debtor will be considered valid? a Neither can he b. Free disposal of the thing due. aid C without the C . Capacity to alienate the thing due. Both (a) and (b). f D cannot pay, T Neither (a) nor (b). 178. Aside from the person in whose favor the obligation has been 0.00. The debt is a . constituted, to whom shall payment be made? the guaranty of G To the creditor's heirs, if the creditor has died. e for the debt. G assigned. To the creditor's assignees, if the credit has been D