I.

Modied TRUE or FALSE. Write TRUE if the statement is correct. and FALSE if the statement is not correct. Explain your answer in one (1) sentence only. 1. Condition is a future and certain event, upon the happening of which. the effectivity or extinguishrnent of an obligation subject to it depends. 2. In a resolutory condition, the fulllment of which will give rise to an obligation not in existence. Ex die is a term or period with resolutory effect. In alternative obligations, the debtor should notify the creditor of his choice. without the notication. the creditor may not be liable for more solvendi. 5. In facultative obligations, the nullity of one prestation does not invalidate the obligation, which is still in force with respect to those which have no vice. 6. When the persons are liable under a contract or judgment, and no words appear in a contract under the same. the presumption is that their obligation is solidary. 7. In joint obligations, the insolvency of a debtor increases the responsibility of his co-debtors, it also authorizes the creditor to demand anything from his co-creditors. 3. In mutual agency, the death of a solidary creditor transmits the solidarity to each of his heirs. 9. The essence of active solidarity, is that each debtor can be made to answer for the others, with the right on the part of the debtor-payer to recover from the others their respective shares. 10. A solidary creditor can assign his right to demand compliance of the obligation. 11. The demandability of the obligation is suspended until the happening of a future and uncertain event which constitutes the condition. 12. An impossible condition does not annul the obligation per se. 13. Obligations with a period or a term are those for which fulllment a day certain has been xed, shall be demandable only upon the will of the creditor. 14. In diem is a period or term with a suspensive effect. 15. A fortuitous event to an obligation with a period absolutely relieves the contracting parties from the fulllment of their respective obligation. PP) Modified multiple choice questions. Choose the correct answer and explain your answer in one (1) sentence only. . The City of Candon was held liable for damages for the injury suffered by Joe by reason of a defective condition of the road. What is the source of the City of Candon's obligation? a. Law b. Contract c. Quasicontract d. QuasiDelict . Danaerys, a lessee of an apartment, gave her rentals to Drogo believing him to be the owner thereof. Drogo is obliged to give said rentals to Khal, the owner and lessor of the leased premises. What is the source of Drogo's obligation to give the rentals to the true owner? a. Law b. Contract c. Quasicontract d. Quasi-delict . Kylie agreed to pay the debt of Kendall to Annie. What is the source of Kylie's obligation to pay Annie? Law Contract Quasicontract Quasi-delict 9-957?\" . It was agreed upon by Popcy and Basya that if Popcy will fail to deliver the goods to Basya on February 28, 2020, he shall be liable to pay a penalty of P2001100. Popcy failed to perform his obligation on the agreed date and as a result thereof, Basya suffered damages amounting to P50,000.00. Did Popcy incur delay when he failed to deliver the goods on February 28, 2020? a. Yes, because that is the stipulation of the parties; b. No, because there was no demand yet from Basya. 0. Yes, because there is a period agreed upon for the performance of Popoy's obligation. d. No, because Popcy may be allowed to have a reasonable delay. . Due to a super typhoon, the carabao of Nardo was able to escape from its pen and it grazed on the corn plantation of Kenyo. Can Kenyo validly demand payment of indemnity from Nardo? a. No. because no person shall be liable for a fortuitous event b. Yes. because Nardo was negligent c No, because Nardo did not cause the damage but the carabao d. Yes. because even if Nardo was not negligent and the escape of the carabao was because of the typhoon, he was beneted. . Can a victim of a penal offense claim compensation? a. No, the obligation arises from a crime. b. No. satisfaction of the obligation is imperative. c Yes, he is not escaping from any liability. d Yes. compensation is by operation of law between persons of are debtors and creditors to one another. . On the maturity date for the payment of D's loan. 0 demanded payment. D replied that he has no money yet and that he will pay his loan two days later at the ofce of C. When D went to the ofce of C. two days later, 0 did not want to receive the payment and informed D that he will file a case regarding the loan transaction against the latter instead. In this case, there is a. Mora solvendi b. SolvendI' accipr'endi c Compensatio morae d Mora accipiendi . If Elsa pays a debt that has prescribed knowing that it has prescribed, Elsa cannot recover for this would be a cause of a a. undue payment b. natural obligation 0 civil obligation d moral obligation . A debt may refer to an obligation to deliver money, to deliver a thing, to do an act. or not to do an act. a. The statement is true. b. The statement is false. c. It depends. 10. The following are examples of natural obligations, except: a. obligation to pay interest for use of money, even if not agreed upon in writing; b. payment through a coercive process of the writ of execution issued at the instance and insistence of the prevailing party; 0. duty to support natural or spurious children (even if not recognized voluntarily or by judicial compulsion and even if there is a judgment denying recognition); d. giving of material and nancial assistance to children upon their marriage. 11. Civil obligations give a right of action to compel their performance. a. The statement is true. b. The statement is false. 0. It depends 12.Natural obligations, being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fullment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof. a. The statement is true. b. The statement is false. 0. It depends 13. If payment is made with the consent of the debtor, it gives rise to: a. moral obligation; b. natural obligation; 0. civil obligation; d. undue payment. 14. Natural obligations are based on: a. positive law b. equity and natural law 0. quasicontract d. moral law 15. Don owes Will Php 700, 000. But the debt soon prescribes. Later Vera, against the consent of Don, pays Will the Php 700, 000. Don does not have to reimburse Vera because he (Don) has not at all been beneted by the transaction. However, Don later voluntarily reimburses Vera. May Don recover what he has given to Vera? a. no more; b. yes, he may; 0. only to the amount the he was benetted d. only half the amount i. Khaleesl, a dressmaker. accepted clothing materials from Dany to make two dresses for her. On the day Khaleesl was supposed to deliver Dany's dresses. Khaleesl had an urgent matter to attend to and told Dany to deliver those the next day. That night. however. a robber broke into her shop and tooK everything including Dany's dresses. Khaleesl claims she is not liable to deliver Da ny's dresses or to pay for the clothing materials considering she herself was a victim of the robbery which was a fortuitous event and over which she had no control. Do you agree? Why? Drogo Express Card failed to approve the credit card purchases of Khal which urged the him to commence a complaint for moral and exemplary damages against Drogo express Card. He said that he and his fiance experienced inconvenience and humiliation due to the delays in credit authorization during their vacation trip in the Bahamas island. Was there a breach of obligation on the part of Drogo Express card? Sandra brought her diamond ring for cleaning to a jewelry shop which failed to fulfill its promise to return such ring in February 25, 2021. Sandra went back to the shop on March 1, 2021 but she was informed that the ring was stolen by a thief the night before. Sandra filed an action for damages against the jewelry shop which put up the defense of force maleure. Will the action prosper or not? Discuss and explain the given CAUSE OF EXTINGUISHMENT OF OBLIGATIONS - PAYMENT