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11/23/2020

SMMATIE ASSESSMENT 2: P 2  O - B-BLA211; L  O  C; BSA23;1S; A20-21 - DLS-D C

B-BLAW211; La  Obligai ad Cac; BSA23;1S; AY20-21 SUMMATIVE ASSESSMENT 2: Pa 2 f Obligai

Ed f  You are at the end; press Finished to complete and grade the qui. You can review your answers below and click Edit if you want to change any. Fhed

Qe 1 One of the parties delivers to another, either something not consumable so that the latter may use the same for a certain time and return it. Reone: contract of commodatum

Qe 2 D owes C Php1M. G is the guarantor. A stranger, X paid the debt of D without the knowledge of the latter. In this case: Reone: X cannot compel G to pay him.

Qe 3 Novation is made either by changing the object or the principal conditions and by substituting the person of the debtor or subrogating a third person to the rights of the creditor. Reone: Mixed novation

Qe 4 It is presumed that there is legal subrogation: Reone: When, even without the knowledge of the debtor, a person not interested in the fulllment of the obligation pays.

Qe 5 ://.20.///18486061?=51&=189548041

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11/23/2020

SMMATIE ASSESSMENT 2: P 2  O - B-BLA211; L  O  C; BSA23;1S; A20-21 - DLS-D C

Exists when there is a decrease or increase in the purchasing power of the Philippine currency which is unusual or beyond the common uctuation in the value of said currency, and such increase or decrease could not have been reasonably foreseen or was manifestly beyond the contemplation of the parties at the time of the establishment of the obligation. Reone: extraordinary ination

Qe 6 Q Company alleged that X and Y violated their amended lease contract over a lot it owns, when they did not pay the monthly rentals thereon. X and Y justied their non-payment of rentals on the ground that Q Company refused to accept their payments. Can X and Y justify their non-payment of rentals on the ground that Q Company refused to accept their payments? Reone: X and Y cannot justify their non-payment of rentals on the ground that Q Company refused to accept their payment because if the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor shall be released from responsibility by the consignation of the sum.

Qe 7 It is mere evidence of a debt and must pass thru the process prescribed by law before it develops into what is properly called a debt. Reone: claim

Qe 8 The following are requisites of payment by cession, except Reone: The solvency of the debtor is immaterial.

Qe 9 An act of liberality, by virtue of which, without receiving any equivalent, the creditor renounces the enforcement of the obligation, which is extinguished in its entirety or in that part or aspect of the same to which the remission refers. Reone: condonation

Qe 10 If the buyer failed to pay the down payment on time. but then, the seller accepted, without any objections, the delayed payments of the buyer. The legal effect is Reone: The obligation of that buyer is deemed fully complied with.

Qe 11 The following debts cannot be compensated, except: Reone: contract arising from contract of mutuum ://.20.///18486061?=51&=189548041

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11/23/2020

SMMATIE ASSESSMENT 2: P 2  O - B-BLA211; L  O  C; BSA23;1S; A20-21 - DLS-D C

Qe 12 A debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered, as the case may be. Reone: Principle of integrity

Qe 13 The initiative for the change does not come from and may even be made without the knowledge of the debtor, since it consists of a third person's assumption of the obligation. Reone: Expromision

Qe 14 It is made either by changing the object or the principal conditions. Reone: Mixed Novation real novation

Qe 15 The following are the requisites in order that an obligation to give a determinate thing will be extinguished, except: Reone: The obligation is to deliver an indeterminate thing.

Qe 16 In order that consignation may be effective, the debtor must show that, except: Reone: After the consignation had been made, the person interested may not be notied of the action.

Qe 17 Are contracts, whereby the parties undertake reciprocal obligations to resolve their differences thus avoiding litigation, or put an end to one already commenced. Reone: Compromise agreement

Qe 18 Is the extinguishment of an obligation by the substitution or change of the obligation by a subsequent one which extinguishes or modies the rst, either by changing the object or principal conditions, or by substituting another in place of the debtor, or by subrogating a third person in the rights of the creditor. Reone: novation

Qe 19 The requisites for dacion en pago are, except: Reone: There must be delivery, actual or constructive, as it is a real contract. ://.20.///18486061?=51&=189548041

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11/23/2020

SMMATIE ASSESSMENT 2: P 2  O - B-BLA211; L  O  C; BSA23;1S; A20-21 - DLS-D C

Qe 20 X executed a promissory note in favor of Y. The promissory note is negotiated by Y and subsequently is indorsed in favor of X. The obligation to pay the promissory note is thereby extinguished because there is: Reone: Confusion or merger

Qe 21 Obligations may be modied by: Reone: All of the above.

Qe 22 It is when a property is alienated to the creditor in satisfaction of a debt in money. Reone: Dacion in payment

Qe 23 Compensation cannot take place, except Reone: When one debt arises from a bank deposit.

Qe 24 The thing due is deposited and placed at the disposal of the judicial authorities for the creditor to collect. Reone: consignation

Qe 25 Which of the following is not a special form of payment? Reone: Consignation

Qe 26 The following are the requisites of legal compensation, except: Reone: That each one of the obligors be bound subsidiarily, and that he be at the same time a principal creditor of the other.

Qe 27 A, B, and C owed in solidum P15,000 to X as evidenced by a promissory note. The note prescribed on June 15, 2018. On August 1, 2018, A paid X. In this case, A is: Reone: Not entitled to reimbursement from his co-debtors for the shares of the latter. ://.20.///18486061?=51&=189548041

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11/23/2020

SMMATIE ASSESSMENT 2: P 2  O - B-BLA211; L  O  C; BSA23;1S; A20-21 - DLS-D C

Qe 28 Means the new debtor. Reone: delegado

Qe 29 The following are requisites of application of payment, except: Reone: There must be one or more debts of the same kind.

Qe 30 When the amount is known or is determinable by inspection of the terms and conditions of the relevant promissory notes and related documentation. Reone: debt is liquidated

Qe 31 Means the creditor. Reone: delegatario

Qe 32 A special form of payment whereby the debtor abandons all of his property for the benet of his creditors in order that from the proceeds thereof the latter may obtain payment of their credits. Reone: Payment by cession

Qe 33 The rules on application of payment are the following, except: Reone: If the creditor did not apply or if application is void, the debt which is most onerous to the creditor, among those due, shall be deemed to have been satised.

Qe 34 The transfer of rights, especially contractual rights, from one party to another. Reone: assignment of rights

Qe 35 For extraordinary ination (or deation) to affect an obligation, the following requisites must be proven, except: Reone: That the obligation was not contractual in nature.

Qe 36 ://.20.///18486061?=51&=189548041

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11/23/2020

SMMATIE ASSESSMENT 2: P 2  O - B-BLA211; L  O  C; BSA23;1S; A20-21 - DLS-D C

If one of the parties to a suit over an obligation has a claim for damages against the other, the former may set it off by proving his right to said damages and the amount thereof. Reone: judicial compensation

Qe 37 Payment made to a third person shall also be valid insofar as it has redounded to the benet of the creditor. Such benet to the creditor need not be proved in the following cases, except: Reone: Waiver

Qe 38 The following shall produce the effect of payment of debts: Reone: Answer not given.

Qe 39 In tender and consignation, if after consignation is made, the creditor allows the debtor to withdraw the thing deposited in court, which of the following is incorrect?

the obligation is extinguish Reone: Co-debtors, guarantors and securities are released from the obligation unless they consented.

Qe 40 I. In compensation, there must be at least two obligation. II. In confusion, there is only one obligation. Reone: Both statements are false.

Qe 41 The following are requisites of condonation, except Reone: It must be onerous.

Qe 42 M, N, and O led an action for annulment of contracts against X Bank. They claimed that X Bank induced them to avail of its credit facilities by offering low interest rates so they accepted X Bank's proposal and signed the bank's pre-printed promissory notes on various dates. They, however, were unaware that the documents contained identical escalation clauses granting X Bank authority to increase interest rates without their consent. X Bank asserted that M, N, and O knowingly accepted all the terms and conditions contained in the promissory notes. In fact, they continuously availed of and beneted from X Bank's credit facilities for ve years. After trial, the Regional Trial Court upheld the validity of the promissory notes. The trial court took judicial notice of the steep depreciation of the peso during the intervening period and declared the existence of extraordinary deation. Reone: There is no extraordinary deation because despite the devaluation of the peso, the BSP never declared a situation of extraordinary ination. Moreover, the parties did not agree to recognie the effects of extraordinary deation. ://.20.///18486061?=51&=189548041

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11/23/2020

SMMATIE ASSESSMENT 2: P 2  O - B-BLA211; L  O  C; BSA23;1S; A20-21 - DLS-D C

Qe 43 The following are special forms of payment, except: Reone: Check encashment

Qe 44 The designation of the debt to which the payment must be applied when the debtor has several obligations of the same kind in favor of the same creditor. Reone: application of payment

Qe 45 Novation by substituting the person of the debtor or subrogating a third person to the rights of the creditor. Reone: Subjective novation

Qe 46 C requested X to sell a specic car for P580,000. Y borrowed said car from X for two days but instead of returning the car as promised, Y told X to buy the car from C for P500,000 and that Y would pay X after Y returns from Davao. Subsequently, C executed a deed of sale covering the car in X's favor for P500,000 for which X issued three checks in favor of C. X thereafter executed a deed of sale in favor of Y. When y returned from Davao, he refused to pay X the amount of P500,000 saying that said amount would just be deducted from the P566,000 obligation X had with Y. X in her cross-examination categorically admitted that she is indebted to Y. In his answer, Y contended that: 1) As early as September 28, 2015, C has already sold the car to X for P500,000; 2) At the time X executed the deed of sale in his favor on March 4, 2016, X was already in possession of the deed of sale from C; 3) the amount of P500,000 was fully paid by way of dation in payment to partially extinguish X's obligation with Y; 4) the contract entered into was a true sale of motor vehicle and the mode of payment was that of dation in payment agreed upon at the time of sale. Reone: Legal compensation has not taken place because X and Y are not personally both creditor and debtor of each other.

there is no legal compensation as one of the obligation consists of delivery of a car and not sum of money Qe 47 Occurs when the parties agree to the mutual extinguishment of their credits or to compensate their mutual obligations even in the absence of some legal requisites. Reone: conventional compensation

Qe 48 Means the original debtor. Reone: delegante

Qe 49 ://.20.///18486061?=51&=189548041

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11/23/2020

SMMATIE ASSESSMENT 2: P 2  O - B-BLA211; L  O  C; BSA23;1S; A20-21 - DLS-D C

It presupposes not only that obligor is able, ready and willing, but so more so the act of performing his obligation. Reone: Tender of payment

Qe 50 It is a claim which has been formally passed upon by the highest authority. Reone: debt

://.20.///18486061?=51&=189548041

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