Quiz 4 - Extinguishment of Obligations - OBLICON

Quiz
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Question 1 (1 point)
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Statement 1: Where one bears interest and the other does not, even if the latter is the older obligation,
the former is considered more onerous.
Statement 1: With respect to indemnity for damages, the debt which is subject to the general rules on
damages is more burdensome than that in which there is a penal clause.
Question 1 options:
Both statements are true.
Both statements are false.
Only Statement 1 is true.
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Alex and Alexis are jointly indebted to Jeremiah for P500,000. Jeremiah assigned his interest to June,
who later assigned his rights to Alex. What is the legal implication of this problem?
Question 2 options:
The debt is totally extinguished by compensation
The debt is partially extinguished by merger
The debt is partially extinguished by compensation
The debt is totally extinguished by merger
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Simon bought jewelries from Alaina and delivered a check in payment of the same. Has Simon paid the
obligation? Why?
Question 3 options:
Yes, because a check is as good as cash.
It depends. If the check is a manager's check or cashier's check it will produce the effect of payment. If it's an
ordinary check, no payment.
Yes, because a check is a valid legal tender of payment.
No. The delivery of check shall produce the effect of payment only when they have been cashed.
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The following, except one, are the other modes of extinguishing obligations:
Question 4 options:
Mutual dissent
Remission
Arrival of resolutory conditions
Death
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The kind of compensation which may only be raised by the creditor and not by the debtor in the
obligation to give gratuitous support.
Question 5 options:
Legal compensation
Judicial compensation
Facultative compensation
Conventional compensation
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Polly owed Ollie P1 million due on December 1, 2020 but failed to pay her on due date. Ollie sent a
demand letter to Polly giving her 5 days from receipt within which to pay. Two days after receipt of the
letter, Anne personally offered to pay Ollie in cash, but all in P500-peso bills, but the latter refused to
accept the same. The 5 days lapsed. May Polly's obligation be considered extinguished?
Question 6 options:
Yes, since Anne tendered payment of the full amount due.
No, since tender of payment, if refused, will not discharge the obligation without proper consignation in court.
No, since payment of pure P500 bills is not considered legal tender in the Philippines.
Yes, since Bessy's refusal of the cash payment, amounts to a satisfaction of the obligation.
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The following are the characteristics of the payment in cession. What is the exception?
Question 7 options:
Abandonment of all debtor's properties except those exempt from execution
One debtor and one creditor
More than one debt
Complete or partial insolvency
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Consignation as a special form of payment, may extinguish an obligation under any of the following
instances except:
Question 8 options:
When the title of the obligation has been lost
When, without just cause, he refuses to give a receipt
When he is capacitated to receive the payment at the time it is due
When two or more persons claim the same right to collect
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Statement 1: In novation by way of expromission, there can be a revival of the original debtor's
obligation should the new debtor turns out to be insolvent.
Statement 2: The extinctive novation would thus have the twin effects of first, extinguishing an existing
obligation and second, subrogating a new one in its stead.
Question 9 options:
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Solomon borrowed P500,000 from BBB Bank, secured by a mortgage on his land. Without his consent,
his friend Ramon paid the whole loan. Since Solomon benefited from the payment, can Ramon compel
the BBB Bank to subrogate him in its right as mortgagee of Solomon's land?
Question 10 options:
No, but the BBB Bank can foreclose and pay Ramon back.
Yes, since it is but right that Ramon be able to get back his money and, if not, to foreclose the mortgage in the
manner of the bank.
No, since Ramon paid for Solomon's loan without his approval.
Yes, since a change of creditor took place by novation with the BBB Bank's consent.
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Delivery by the debtor of a specific thing to the creditor in payment of an obligation consisting of
money:
Assignment of cession of property
Tender of payment and consignation
Application of payment
Dation in payment
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Requisites of application of payment are the following except:
One debtor and one creditor
Debts are of different kinds
Debts are all due
Two or more debts
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Which of the following is not true about Dacion en Pago.
An act of tender of payment.
Payment extinguishes obligation to the extent of the value of the thing delivered as agreed upon, proved or
implied from the conduct of the creditor.
Thing delivered is considered as equivalent of performance.
Ownership is transferred to creditor upon delivery.
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Meeting in one person the characteristics of both debtor and creditor in one and the same obligation
extinguishes the obligation by way of –
Novation
Compensation
Confusion
Remission
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The kind of compensation which arises by way of proved counterclaim in a case is called:
Judicial compensation
Voluntary compensation
Facultative compensation
Legal compensation
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Insolvency of the debtor is required in:
Tender of payment and consignation
Application of payment
Payment by cession
Dation in payment
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In which of the following circumstances is real novation present?
Adds other obligation not compatible with the old ones
Merely supplements the first one
Expressly recognizes the first obligation
Changes only the terms of payment
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Upon the proposal of a third person, Fred, he substituted the original debtor, Eric, without the latter's
consent. The creditor, Doug, accepted the substitution. Later, however, Fred became insolvent and
defaulted in his obligation. What is the effect of this Fred's defaulting upon the Eric?
The Eric shall pay or perform 50% of the obligation to avoid unjust enrichment on his part.
The Eric remains liable since he gave no consent to the substitution.
The Eric is freed of liability since novation took place and this relieved him of his obligation.
The Eric shall pay or perform the obligation with recourse to the Fred.

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Statement 1: All monetary obligations shall be settled in Philippine currency. The parties may judicially
agree that the obligation be settled in another currency at the time of payment.
Statement 2: A check under a peso account could be considered payment under the Philippine currency.
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In tender and consignation, if after consignation was made and the creditor allowed the debtor to
withdraw the thing deposited in court, which of the following statements is incorrect?
Co-debtors, guarantors and sureties shall be released
The obligation remain to subsist
The obligation is extinguished
None of the above
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Quiz

Question 1 (1 point)

Both statements are true.

Both statements are false.

Only Statement 1 is true.

Only Statement 2 is true.

Question 2 (1 point)

The debt is totally extinguished by compensation

The debt is partially extinguished by merger

The debt is partially extinguished by compensation

The debt is totally extinguished by merger

Question 3 (1 point)

Yes, because a check is as good as cash.

Yes, because a check is a valid legal tender of payment.

Question 4 (1 point)

Arrival of resolutory conditions

Question 5 (1 point)

Question 6 (1 point)

Yes, since Anne tendered payment of the full amount due.

Question 7 (1 point)

Abandonment of all debtor's properties except those exempt from execution

One debtor and one creditor

More than one debt

Complete or partial insolvency

Question 8 (1 point)

When, without just cause, he refuses to give a receipt

When he is capacitated to receive the payment at the time it is due

When two or more persons claim the same right to collect

Question 9 (1 point)

Both statements are true.

Both statements are false.

Only Statement 1 is true.

Only Statement 2 is true.

Question 10 (1 point)

Assignment of cession of property

Tender of payment and consignation

Question 12 (1 point)

Requisites of application of payment are the following except:

One debtor and one creditor

Debts are of different kinds

Debts are all due

Two or more debts

Question 13 (1 point)

Which of the following is not true about Dacion en Pago.

An act of tender of payment.

Ownership is transferred to creditor upon delivery.

Question 14 (1 point)

Question 15 (1 point)

Question 16 (1 point)

Insolvency of the debtor is required in:

Question 17 (1 point)

In which of the following circumstances is real novation present?

Adds other obligation not compatible with the old ones

Merely supplements the first one

Expressly recognizes the first obligation

Changes only the terms of payment

Question 18 (1 point)

The Eric remains liable since he gave no consent to the substitution.

Question 19 (1 point)