TRUE or FALSE

1. The penal clause attached to an obligation is actually an accessory obligation.

2. A penal takes the place of the obligation to pay damages in case of breach.

3. When an obligation is with a penal clause, proof of actual damages is not required.

4. When the penalty is demanded in case of only in case of breach, the penal clause is only subsidiary.

5. A debtor cannot choose to perform the penal clause and altogether not perform the obligation already.

6. When the debtor refuses to pay the penalty, the creditor may still collect damages in addition to the uncollected penalty.

7. When the penal clause is void, the obligation to which it is attached nevertheless remains valid.

8. When the principal obligation is void, the obligation is void even of the penal clause is valid.

9. The courts may reduce the penalty when there is partial and or substantial performance of the principal obligation.

10. When an injured party may demand the enforcement of both the penalty and the principal obligation, the penal clause is joint in nature.