31. Obligations shall be considered solidary under these following rules. Which is the exception to the rule?

A. When the prestation is indvisible and there are two or more debtors and creditors
B. When solidarity is expressly stipulated in the obligation
C. When the law expressly provides for solidarity
D. When solidarity is required from the nature of the obligation

Questions 32 thru 36 are based on the following information.

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.

32. 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.
B. Yes, either X, Y or Z 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.

33. Suppose that C is insolvent can A and B be held liable for his 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.

34. Suppose that the obligation was about to prescribe, but X wrote a letter to A demanding for payment of the entire
debt, will this have the effect of interrupting the running of the period of prescription?
A. Yes, because the demand made by X covers the entire debt and will therefore inure to the benefit of the
other creditors.
B. Yes, insofar as A is concerned but not with regard to B and C.
C. No, because the demand should have been made to all the debtors
D. No, all the creditors should have made the demand.

35. Using No. 34 and prescription sets in, how much can Y collect from A?
A. P9,000 C. P1,000
B. P3,000 D. P 0

36. Using No. 35, how much can X collect from A?

A. P9,000 C. P1,000
B. P3,000 D. P 0

37. Palangiti, Palabati, and Palakaway solidarily owe Mapagpatawad and Mapagpaubaya P30,000. Mapagpatawad
remitted the entire obligation in favor of Palangiti. The effect is
A. Palangiti cannot recover from Palabati and Palakaway bacause remission in her favor extends to the benefit
of Palabati and Palakaway
B. Palangiti can recover from Palabati and Palakaway their respective share of the debt
C. The obligation is not extinguished until Palangiti collects from Palabati and Palakaway
D. The obligation is not yet extinguished until Mapagpaubaya is paid by Mapagpatawad of her share of the
credit

38. Payment by a solidary debtor shall entitle him to reimbursement from his co-debtors, except if such payment was
made
A. Before the obligation is due
 B. After the obligation has prescribed
C. In compliance with the demand to him by the creditor
D. After the obligation became due and demandable and notice of payment was made to him

39. A and R promised to deliver a particular car valued at P500,000 to M. If M demands the delivery from A and R
and it is only R who is willing to deliver. Which of the following is the right of M?
A. To ask from R thee delivery of the car because the object is indivisible
B. To ask from A and R the monetary consideration of P500,000 representing the value of the car plus
damages
C. To ask from A the payment of damages
D. To ask from A the delivery of the car plus damages

40. N, R and J solidarily bound themselves to deliver to S a Honda motorcycle valued at P60,000. The obligation
was not fulfilled through the fault of J. Thereupon S filed an action in court against N and the court awarded
P72,000 to S representing the value of the motorcycle plus damages. Which of the following situations is valid?
A. If N pays S the P72,000, N can collect from R and J P24,000 each.
B. S has to collect P24,000 each from N, R and J to satisfy the court's award of P72,000
C. N can refuse to pay the penalty because it should be charged against J, the guilty party.
D. If S succeeds in collecting the P72,000 from N, N in turn can collect from R P20,000 and from J P32,000.