LAW ON OBLIGATIONS AND CONTRACTS 1. 2. 10. 11. 12. Solidarity on the part of the obliges a. Active solidarity b. Passive solidarity c. Mixed solidarity d. Casual solidarity A, B and C borrowed P24,000 from Y and Z and signed a promissory note dated January 30, 2021, and due within six months. How much can Y collect from A (debtors are solidary while creditors are joint), on due date? a. P12,000 b. P4,000 c. P8,000 d. P24,000 A, B and C secured a loan from D. The promissory note which evidences the obligation states: '1 promise to pay D or order P10,000 payable on demand" (Sgd) A B C. The obligation is a. Solidary b. Divisible c. Indivisible d. Joint X obliged himself to pay Y the amount of P30,000 30 days after January 31, 2014 plus a penalty of P3,000 if he fails to pay the obligation on due date. After demand for payment by Y, X offered to pay on June 30, 2014. Y can demand from X: a. P30,000 plus P3,000 plus legal interest c. P30,000 plus P3,000 b. P30,000 plus legal interest d. P30,000 plus P3,000 plus legal interest plus damages One of the following is not correct in joint obligation a. There are as many debts as there are debtors b. There are as many credits as there are creditors c. The debts and/or credits are considered distinct and separate from one another d. The insolvency of one of the debtor shall make the other debtors liable A borrowed PlM from B and C who acted as solidary creditors. When the loan matured, B wrote a letter to A demanding payment of the loan directly to him. Before A could comply, C went to see him personally to collect and he paid him. Did A make a valid payment? a. No, since A should have split the payment between B and C b. No, since B, the other solidary creditor, already made a prior demand for payment from A c. Yes, since the payment covers the whole obligation d. Yes, since C was a solidary creditor, payment to him extinguished the obligation A and B both undertook a contract to deliver to C in Manila a boat clocked in Subic. Before they could deliver it, however, the boat sank in storm. The contract provides that fortuitous event shall not exempt A and B from their obligation. Owing to the loss of the motor boat, such obligation is deemed converted into one of indemnity for damages. Is the liability ofA and B joint or solidary? a. Neither solidary nor joint since they cannot waive the defense of fortuitous event to which they are entitled b. Solidary or joint upon the discretion of C c. Solidary since A and B failed to perform their obligation to deliver the motor boat d. Joint since the conversion of their liability to one of imdemnity for damages made it joint J agree to pay his debt and in case of non-payment, to render free service as a servant. Is the obligation valid? a. No, the obligation to pay and to render service as a servant is contrary to law and morals b. Yes, if the services will be rendered in satisfaction of the debt and in case of non-performance, the proper remedy is specific performance c. No, the nullity of the condition carries with it the nullity of the principal obligation d. Yes, in so far as the obligation to pay but not as regards the undertaking to render domestic services for free. If an obligation is with a penal clause Statement A- Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded Statement B- When the debtor is guilty of fraud in the fulfillment of the obligation, the creditor can demand payment of damages and interest in addition to the penalty a. True, True b. False, True c. False, False d. True, False A, B, and C solidarily owe D and E P30, 000. D remitted the entire obligation in favor of A without the consent of E. The effect is a. A cannot recover from B and C because remission in her favor extends to be benet of B and C b. A can recover from B and C their respective share of the debt c. The obligation is not extinguished until A collects from B and C d. The obligation is not yet extinguished until E is paid by D of her share of the credit A, B and C executed a promissory note binding themselves to pay P9,000 to X, Y and Z. The note is now due and demandable. Can the creditors proceed against A alone for the payment of the entire debt? a. No, each creditor can collect only P3,000 from A D. Yes, either X,Y or 2 can collect P9,000 from A c. No, each creditor can collect only P1,000 from A d. Yes, since the promissory note is silent with respect to the rights of the creditors, the obligation is presumed to be solidary Using the preceding number, suppose that C is insolvent, can A and B held liable for C's share in the obligation? a. Yes, the debt shall be presumed to be divided into as many equal shares as there are debtors b. Yes, but A and B will be liable proportionately c. No, the debts are considered distinct from one another d. No, only either A and B but not both will be liable