Instructions

I. Write TRUE if the statement is accurate. If the statement is false , cite the reason/s.

1.If a third person's payment is not beneficial to the debtor because the debt has been previously remitted, paid, or compensated or prescribed, the third person may still recover from the debtor what he has paid to the creditor.

2.The right to subrogation is the same with the right to reimbursement.

3.If the third person who pays the obligation has interest in the fulfillment, he is not subrogated in the rights of the creditor, when the payment is made without debtor's consent.

4.The payor need not be the owner of the thing which he delivers in payment.

5.Payment made to the creditor by the debtor after the latter has been judicially ordered to retain the debt shall be valid.

6.In order that payment may be valid, the person to whom it is made must have the capacity to receive it, meaning he must have the capacity to manage or administer his property.

7.One of the essential ingredients of payment as a mode of extinguishing obligations is the identity of the protestation, which means that the very thing due must be delivered or released.

8.In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the creditor's will.

9.The parties may agree that the obligation orshall be settled in a currency other than Philippine currency at the time of payment.

10.A check whether a manager's check or ordinary check is not a legal tender, and an offer of a check in payment of a debt is not a valid tender of payment and may be refused receipt by the obligee or creditor.

11.Dation in payment involves non/-alienation of property but just transfer of possession over the property by the debtor in favor of the creditor in satisfaction of a debt in money.

12.Dation in payment is exactly the same with payment by cession.

13.Dation in payment involves plurality of creditors.

14.In payment by cession, there is no plurality of creditors.

15.Payment by cession does not contemplate a situation where the debtor is indebted to several creditors and not under state of insolvency.

16.Dation in payment extinguishes the obligation to the extent of the value of the thing delivered , either as agreed upon by the parties or as may be proved, unless the parties by agreement /- express or implied , or by their silence /- consider the thing as equivalent to the obligation, in which case the obligation is totally extinguished.

17.In Dation in payment, it does not necessarily mean total extinguishment of the obligation. The obligation is totally extinguished only when the parties by agreement , express or implied , or by their silence, consider the thing as equivalent of the obligation.

18.Payment by cession contemplates of a situation where the debtor is indebted to several creditors but he is under a state of insolvency, or that the debtor is generally unable to pay his liabilities as they fall due in the ordinary course of business or has liabilities that are greater than his assets.

19.The creditor 's unjust refusal to accept payment does not produce the effect of payment that will extinguish the debtor's obligation.

20.A refusal to accept payment without just cause is not equivalent to payment; to have the effect of payment and the consequent extinguishment of the obligation to pay, considering that the law requires the companion acts of tender of payment and consignation.

21. As a rule, the creditor can be compelled to accept partial payment.

22. By way of exceptions, the creditor can be compelled to accept, and the debtor can be required to make partial performance even there is no stipulation to that effect.