John Christian I.

Largo
BSA 1 Group 8

1. Distinguish divisible and indivisible obligations.

- According to Article 1223, a divisible obligation is one where the object of which, in its
delivery or performance, is capable of partial fulfillment. On the other hand, an indivisible
obligation is one the object of which, in its delivery or performance, is not capable of partial
fulfillment.

2. A and B bind themselves to pay C their loan of P10,000 on a certain date.  Is the
obligation divisible or indivisible?  Explain your answer.
- It is an indivisible obligation, because according to Article 1225, obligations become
indivisible when they performed it, one whole at a time. In this case, the debtors which are A and
B will perform their obligation on the same certain date.

3. Define obligation with a penal clause.

- Article 1226 states that an obligation with a penal clause is one which contains an accessory
undertaking to pay a previously stipulated indemnity in case of breach of the principal prestation
intended primarily to induce its fulfillment.

4. What are the purposes of incorporating a penal clause to an obligation?

- According to Article 1226, the purposes of incorporation a penal clause to obligations are to
ensure their performance (to make the consequence of breach as onerous as possible), to
substitute penalty for indemnity for damages and payment of interests in non- compliance, and to
punish the debtor for the non-fulfillment or violation of his obligation The main purposes are
reparation and punishment.

5. X promise to deliver to Y a specific horse.  Their contract contains a penal clause that in
case of non-fulfillment, X shall pay a penalty of P10,000.  X wants to just pay the penalty
instead of delivering the horse.  Has Y the right to refuse to accept the penalty in lieu of the
horse?  Explain your answer.
- Yes, because according to Article 1227, the debtor cannot exempt himself from the
performance of the obligation by just paying the penalty. This means that X is not allowed to do
the accessory obligation which is paying a penalty of P10,000 without doing the principal
obligation which is to deliver the horse to Y since the penalty is just an accessory obligation.
6. Define payment.
-Article 1232 states that payment means not only the delivery of money but also the
performance, in any other manner, of an obligation.

7.  D owes C P10,000 with G, as guarantor.  On the due date of the obligation, T, a third
person, offered to pay the obligation of D.  Can C legally refuse to accept the payment? 
Explain.  How about an offer of payment from G?  Explain your answer briefly.
- Yes, C can refuse to accept the payment. According to Article 1236, the creditor is not bound to
accept payment or performance by a third person who has no interest in the fulfillment of the
obligation, unless there is a stipulation to the contrary. T may have the payment but C may insist
on his right on the liability of the debtor.
- Yes, C can accept the payment from G. Stated in Article 1236, the creditor may refuse to accept
payment third person who has no interest in the fulfillment on the obligation. As G being the
guarantor, which is a person who has an interest in the obligation, leads to C’s acceptance of
payment from G.