1. In three of the following cases, compensation cannot be claimed
by the debtor except: a. By the bailee in commodatum; b. By the depositor in contractor deposit; c. By the person obliged to give support due by gratuitous title; d. By the debtor in an obligation arising from a penal offense
2. Which of the following is not a requisite for legal
compensation? a. Both debts are due; b. Both are liquidated and demandable; c. By the person obliged to give support due by gratuitous title; d. By the debtor in obligation arising from a penal defense
3. A owes B P1M guaranteed by X. In turn, B owes A P.5M. A failed
to pay B and the latter is now collecting from X. a. X is liable to B for P1M because as guarantor he is liable for the debt of the debtor in case of non-payment thereof; b. X shall be liable to B for P.5M only if the latter agrees to the compensation; c. X cannot claim compensation against B because the latter owes him nothing; d. X can set up compensation as regards what B owes A
4. A owes B P1M guaranteed by C. B assigns his credit X. X assigns
his credit to Y. Y assigns his credit to C, the guarantor, Does A still have to pay C? a. No because the guarantor is liable to the creditor B and not to debtor A. b. Yes because the guarantor has now become the creditor; c. No because it is the obligation of the guarantor pays the creditor for the benefit of the debtor; d. Yes because the guarantee has been extinguished by confusion or merge of rights
5. A owes B P1M. B owes A P.5M. B assigned credit to C with the
consent of a who reserved his right to compensation. a. A claim compensation against C as to what b owes him. b. A cannot claim compensation against C because he consented to the assignment c. A cannot claim compensation against C without his consent d. A cannot claim compensation against C even without the reservation 6. A owes B P1M due on Jan.21, 2001. B owes a P.2M due on Jan.20, 2001 and P.3M due on March 2, 2001. B assigned the credit to Con Feb.2, 2001 without the knowledge of A who obtained knowledge of the assignment of credit on Feb. 4, 2001 a. A cannot claim compensation against C because of his knowledge of the assignment; b. A can claim compensation up to P.2M only; c. A can claim compensation of all the debts of B to him; d. Legal compensation cannot take place.
7. A owes B P1M on Feb. 3, 2001. B owes A a lancer GSR worth
P1M due on Feb.4, 2001 a. On Feb. 3, 2001, A cannot claim compensation because one of the debts is not yet due; b. On Feb. 4, 2001, A cannot claim because both debts are now due; c. The parties can agree on compensation only Feb.4, 2001 when both debts are due; d. Legal compensation cannot take place
8. A owes B P1M with 12% interest. As agreed upon among
parties, the principal amount shall be paid to B but the interest shall be given to C who accepted the stipulation in his favor. Later A and B agreed that instead of cash it shall be parcel of land worth P1M a. The novation of the obligation shall also extinguish the accessory obligation to pay the interest to c. b. In the absence of the consent of C to the novation, he is still entitled to the interest; c. With or without the consent of C, the obligation to give the interest to him is also extinguished because of the novation of principal obligation; d. Since the parcel of land could possibly earn interest, the obligation to pay interest is extinguished
9. A owes B a sum of money and secured by a pledge on his car.
Later, the car is found to be in the possession of A. a. It is presumed that the debt of A has been condoned; b. It is presumed both the debt and pledge has been remitted; c. It is presumed that debt is extinguished; d. It is presumed that the pledge is condoned 10. In which of the following is consignation alone without prior tender of payment not valid to extinguish the obligation? a. When two or more persons claim the same right to collect; b. When the title of the obligation has been lost; c. When with just a cause the creditor refuses to issue a receipt; d. When is incapacitated to receive the payment at the time it is due.