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Quiz (Extinguishment of Obligations)

Obligations and Contracts (Mindanao State University)

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 BL 1 (Obligations and Contracts)
QUIZ: EXTINGUISHMENT OF OBLIGATIONS
Name: Score:
Section:

I. MULTIPLE CHOICES. Write only the letter of your choice on

the blanks provided. ERASURES AND ALTERATIONS of any kinds b. There arises a new obligation to deliver a thing that is
will not be given points. (2 points each) exactly the same as that lost
c. If the debtor is in default, the “extinguished” obligation is
1. Which does not extinguish an obligation? converted into monetary consideration for damages
a. Annulment c. prescription d. None of the above
b. fulfillment of suspensive condition d. none
10. Meeting in one person of the qualities of
2. X owes Y P500,000 payable on September creditor and debtor with respect to the same obligation
20, 2002. Z, a third person pays Y without intention of a. Condonation c. confusion
being reimbursed by X. b. compensation d. novation
a. Z can ask Y to subrogate him in his rights; the action would
be
against W, the guarantor 11. X obliged himself to pay Y P100,000. X
executed
b. Z’s payment to Y will be considered a donation in favor of a negotiable promissory note in favor of Y. Y endorsed it
X to Z, then Z to W, then W to X. The obligation of X to Y is
c. Z cannot ask Y to subrogate him in his rights because extinguished by
payment was without X’s consent a. condonation c. confusion
d. None of the above b. compensation d. novation

3. Which is a special mode of payment?

a. Application of payment c. dacion en pago 12. Compensation where one party can claim
b. cession en pago d. all of the choices compensation while the other cannot
a. Legal c. facultative
4. Which is not a requisite of cession en b. conventional d. judicial
pago?
a. More than one debt and more than one creditor
b. Insolvency of the debtor 13. Five sacks of rice cannot be compensated by
five
c. Title to the properties is transferred to the creditor sacks of sugar because
d. None of the above a. Each one of the obligors must be bound principally, and
the be at the same time principal creditor of the other
5. Which is a characteristic of dacion en pago? b. If the things due are consumable, both debts must be of
a. Delivery transfers ownership the same kind and quality
b. Generally affects all properties of the debtor c. The two debts must be due
c. More than one debtor is required d. Both debts must be liquidated and demandable
d. Full or partial insolvency is required
14. X obliged himself to deliver to Y a kilo of
6. The act of depositing the thing or amount shabu. Later, they agreed that X will deliver to Y P50,000
due with the proper court when the creditor does not instead of shabu.
desire or cannot receive it subject to formalities of the law a. Original obligation is valid; novation is valid
a. Cession en pago c. dacion en pago b. Original obligation is valid; novation is void
b. Consignation d. application of payment c. Original obligation is void; novation is valid
d. Original obligation is void; novation is void
7. Which is not a requisite of valid consignation?
a. There is a valid debt that is due 15. The money or currency which the debtor may
b. Tender of payment by debtor to creditor compel the creditor to accept in payment of a debt, whether
c. Refusal by the creditor to accept tender of payment public or private, is known as
without justifiable reason a. notes payable to order b. legal tender
d. Debtor is absent/unknown or does not show up in the place c. bill of exchange d. mercantile document
of payment
16. Which does not extinguish an obligation
8. Despite of fortuitous event resulting to the a. Breach of contract
loss of the specific thing, the obligation is not extinguished b. Prescription
when c. Remission of debt
a. Obligation arises from crime d. Merger of rights of creditor and debtor
b. The law so provides
c. The debtor incurred in delay
d. All of the above 17. The creditor is bound to accept payment or
performance by a third person
9. If the thing is determinate and it is lost due to fortuitous event, the “obligation is extinguished”, meaning

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a. Debtor is released from his obligation; it is as if he has a. Who is an heir or relative of the debtor
made payment b. If stipulated in the obligation
c. When obligation becomes due
d. When debtor is guilty of delay

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 18. Whoever pays for another can recover only
II. MATCHING TYPE. Indicate your answers by writing the
insofar as the payment has been beneficial to the debtor
letter representing the statement or phrase that best describes,
a. If he paid without the knowledge of the debtor defines, or explains the numbered items. ERASURES AND
b. If he paid according to the will of the debtor ALTERATIONS of any kinds will not be given points. (2 points
c. If he paid with the knowledge of the debtor each)
d. If he paid in good faith

19. Tender of payment and consignation shall Terms

release the debtor from responsibility
1. Delegacion
a. When the creditor is absent or unknown or does not appear at
the place of payment 2. Cession en
pago
b. When the creditor is incapacitated to receive the payment at 3. Application of payment
the time it is due
c. When the creditor refuses without just cause to accept 4. Dacion en pago
payment 5. Subrogation
d. When the creditor, without just cause, refuses to give a receipt
for the payment 6. Expromission
7. Condonation
20. Consignation shall be made by
a. Tendering of payment to the creditor 8. Payment
b. Depositing the things at the disposal of judicial authority 9. Legal tender
c. Announcing the consignation to the interested parties
d. All of the above 10. Consignation

21. Which is not true about condonation?

a. It is essentially gratuitous Statements
b. Acceptance by the obligor is optional
c. It may be express A. Delivery of the sum or thing due with the judicial authority.
d. It may be implied B. Assumption of the obligation by a third person upon the
initiative of the debtor.
22. In novation, if the original obligation was C. Delivery of money or performance of an obligation in any
subject to a suspensive condition other manner.
a. The new obligation shall be subject to no condition D. Choosing the debt to which payment is to be applied.
b. The new obligation shall be subject to suspensive condition E. Gratuitous abandonment by the creditor of his right to the
c. The new obligation shall be subject to resolutory condition obligation.
d. The stipulation that the new obligation shall not be subject F. That which the debtor may compel the creditor to accept
to condition shall be valid as payment.
G. Substitution of debtor initiated by a third person.
23. Which is a characteristic of cession en pago? H. Assignment of the debtor’s properties to his creditors.
a. Does not affect all the properties of the debtor I. Delivery and transmission of ownership of a thing by the
b. Plurality of creditors is not required debtor to his creditor to settle a monetary obligation.
c. Not an act of novation J. The substitution of another person in the place of the
d. May take place while the debtor is solvent creditor, where the former succeeds to the right of the
creditor in relation to the debt.
24. Remission may be made by the creditor K. Qualities of debtor and creditor are merged in the same
either verbally or in writing person.
a. Implied remission c. Express remission L. Return of what has been paid by mistake.
b. Partial remission d. total remission M. None of the foregoing.

25. The offer made by the debtor to pay his

obligation to his creditor is known as
a. consignation c. tender of payment
b. application of payment d. dacion en pago

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