1. An obligation with a period is one whose effects or 9.

A creditor can recover damages when the obligor

consequences are subjected in one way or another to refuses to pay the penalty. TRUE
the commencement or beginning of said period or 10. In this given example: X promise to give Y a horse.
term. EXPIRATION OR ARRIVAL Is this a type of Principal Obligation? TRUE
2. A period and condition distinguished that as to 11. The creditor can demmand both the fulfillment of the
fulfilment a period refers only to the future while a obligation and the payment of the penalty. FALSE
condition may refer also to a past event unknown to 12. 2. The debtor cannot exempt himself from the
the parties; performance of the obligation by paying the penalty.
A period is certain vent which must happen sooner or later at TRUE
a date known beforehand, or at a time which cannot be 13. When there is a partial or irregular performance the
determined, while a condition is an uncertain event. penalty may be reduced by the court? TRUE
3. There are 2 kinds or period or term. 3 14. When the penalty agreed upon is iniquitous or
4. Definite period is when it is not fixed or it is not unconscionable the penalty may be reduced by the court?
known when it will come. INDEFINITE PERIOD TRUE
5. Legal period is when it is provided for by laws; 15. If the principal obligation is void, the penal clause is
TRUE not yet void? FALSE
6. Legal period is ‘year’ shall be understood to be 16. If only the penal clause is void, the principal
twelve calendar months; TRUE obligation remains valid and demandable? TRUE
7. There are 5 instances in article 1198 TRUE 17. An obligation is presumed indivisible where the only
8. The debtor shall lose every right to make use of the one creditor. ANSWER: TRUE
period when the debtor attempts to abscond. TRUE 18. An example of natural indivisibility is to give a
9. Suspensive period is the obligation that begins only particular car. ANSWER: TRUE
from a day certain upon the arrival of the period. 19. Accessory is one of which attached to a principal
TRUE obligation and therefore, can stand alone. ANSWER:
10. Article 1195 applies not only to obligation to give. FALSE
ONLY 20.Subsidiary or alternative penal clause is when only the
I. ENUMERATION (1POINT EACH) penalty cannot be enforced. ANSWER: FALSE

1. According to source (3POINTS) In joint obligation the debtor is liable only for a
2. According to definiteness (2POINTS) proportionate part of the debt and each creditor is entitled
3. According to effect (2POINTS) only to a proportionate part of the credit. - TRUE
4. 2 cases under Art. 1197 (2POINTS) 2. In solidary obligations each debtor is liable for the
5. Kinds of period or term (1POINT) entire obligation, and each creditor may enforce the entire
1. Legal period, conventional or voluntary period, obligation. - TRUE
judicial period 3. When there are two or more debtors or two or more
2. Definite period, indefinite period creditors, the obligation is Joint, unless the nature of the
3. Suspensive period, resolutary period obligation requires liability to be solidary. - TRUE
4. No period is fixed but a period was intended, 4. When there several debtors or creditors but the
duration of the period depends upon the will of the prestation is indivisible, the obligation is solidarity even if
debtor it’s not stipulated. - FALSE
5. According to effect, according to source, according 5. Indivisibilty give rise to solidarity. - FALSE
to definiteness 6. The consent of other creditors is not necessary if a
1. Ideal or Intellectual division is the one which exists solidary creditor assigned his rights to a co-creditor. -
only in the minds of the parties. True TRUE
2. Conventional Indivisibility - where specific provision 7. There may be solidarity even though the creditors and
of law declares as indivisible, obligation by nature are debtors are not allowed in the same manner and by the
divisible. False same periods and conditions - TRUE
3. Quantitative division is based on quantity rather than 8. Each one of the solidarity creditors may act whatever
quality. True may be beneficial and harmful to other creditors. -
4. Divisible Obligation is one the object of which, in its FALSE
delivery or performance, is not capable of partial 9. If one of the solidary debtors pays in full, the obligation
fulfilment. FALSE will not extinguish. - FALSE
5. An example of legal indivisibility is to give a 10. The payer can demand a reimburse with interest to
particular car to someone. FALSE his co-debtors once the obligation has been extinguish
6. Is an accessory obligation, an obligation that can after the said date. - TRUE
stand by itself and does not depend for its validity and 11. The payer is not entitled for reimbursement once the
existence upon another obligation? FALSE obligation is illegal. - TRUE
7. A condition does not constitute obligation and is 12. Creditor is completely a stranger to solidary debtors. -
never demandable. TRUE TRUE
8. One purpose of Penal Clause is to not ensure 13. One of the solidary debtors obtained a remission of
performance by creating an effective deterrent against the obligation, it does not entitle him to reimbursement
breach. FALSE from his co-debtors. FALSE
 14. Any of the solidary debtors shall be responsible, if any which are impossible, unlawful or which could not
one of them was at fault, for the price and payment of have been the object of the obligation. FALSE
damages and interest. - FALSE 2. Facultative obligation is where several prestations are
15. The creditor cannot recover damages from the due but the debtor may substitute another. FALSE
solidary debtors if the loss is without fault but after delay. 3. Once the notice of the election has been given to the
- FALSE creditor, the obligation ceases to be alternative and
16. Example of "defenced derived from the nature of the becomes simple. TRUE
obligation." is res judicata. - TRUE 4. The burden of proving that such communication has
17. According to article 1214 the debtor should pay the been made is upon him who made the choice. TRUE
creditor that made a demand. - TRUE 5. If the debtor cannot make a choice according to the
18. Novation, compensation and confusion are the only terms of the obligation, the debtor has no right to
modes or causes of extinguishment of obligations. - rescind the contract with damages. FALSE
FALSE 6. The creditor shall have a right to indemnity for
19. Under Article 1216, the choice is left to solidary damages when, through the fault of the debtor, all of
creditor to determine against when he will enforce things which are alternatively the object of the
collection. - TRUE obligation have been lost. TRUE
20. The debtor may not pay any one of the solidary 7. The debtor is not liable if some of the object of the
creditors if there's no demand from any creditors. - obligation have been lost or have become impossible
FALSE even through the fault of the debtor. TRUE
1. Kinds of obligation according to object where there is 8. The creditor has a right to have indemnity for
only one (1) prestation is damages if all of the objects have been lost or have
a. Simple Obligation become impossible. FALSE
9. In alternative obligations, the right of choice belongs
2. It is where only one prestation is due but the debtor may to the debtor. TRUE
substitute another 10. Compound obligation is where there are two (2) or
c.Facultative Obligation more prestations. TRUE

3. One where there are two (2) or more prestations

d. Compound Obligation

4. It is wherein various prestations are due but the

performance of one of them is sufficient as determined by
the choice which, as a general rule, belongs to the debtor.
b. Alternative Obligation

5. It is where are several prestations and all of them are due

a. Conjunctive ObligationIt is where two (2) or more of the
prestations is due

c. Distributive Obligation

6. An obligation wherein there is only one prestation has

been agreed upon but the obligor may render another in
substitution
c.Facultative Obligation

7. In general rule, who has the right to choose the prestation?

a. Debtor
8. Which of the following are kinds of obligation according
to object?

1. Simple Obligation 2. Compound Obligation 3.

Facultative Obligation 4.Alternative Obligation

b. 1 and 2

9. Which of the following are kinds of compound obligation

1. Conjunctive Obligation 2.Simple Obligation

3. Alternative Obligation 4.Distributive Obligation

a. 1 and 4

1. The debtor shall have right to choose prestations