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I.

IDENTIFICATION

1. DATION IN PAYMENT
2. PAYMENT BY A THIRD PERSON
3. DACION EN PAGO
4. PAYMENT BY CESSION
5. CONSIGNATION OF PAYMENT
6. PERSONAL OR SUBJECTIVE
7. NOVATION
8. COMPENSATION
9. APPLICATION OF PAYMENT
10. CONDONATION OR REMISSION
11. LAPSE
12. LOSS OF THE THING DUE
13. PAYMENT OR PERFORMANCE
14. MIXED
15. NOVATION BY SUBSTITUTION

II. TRUE OR FALSE

1. FALSE
The creditor may accept but he still have the right to demand proper fulfillment of the obligation.
2. TRUE
Because this is presumed.
3. TRUE
Especially if the creditor is unavailable or uncooperative.
4. TRUE
According to Art. 1241, “Payment to a person who is incapacitated to administer his property
shall be valid if he has kept the thing delivered, or insofar as the payment has been beneficial to
him.”
5. TRUE
According to Art. 1294, “If the substitution is without the knowledge or against the will of the
debtor, the new debtors insolvency or non fulfillment of the obligation shall not give rise to any
liability on the part of the original debtor.”
6. TRUE
According to Art. 1164, “a payment made in good faith to the person who is in possession of the
credit shall release the debtor.”
7. TRUE
8. TRUE
According to Art. 1256, “the debtor shall be released from responsibility by the consignation of
the thing or sum due, without need of prior tender of payment, when the creditor is absent or
unknown.”
9. TRUE
It may only be valid if the debtor accepted the condonation.
10. FALSE
According to Art. 1287, “Compensation shall not be proper when one of the debts arises from a
depositum or from the obligations of a depositary or of a bailee in commodatum.”
11. TRUE
There is no NOVATION if the new obligation is void.
12. TRUE
According to Art. 1270, “To extinguish the obligation, it requires the acceptance by the obligor.”
13. TRUE
It may only demandable once both parties agrees
14. FALSE
Dacion en Pago is a kind of payment or performance
15. TRUE
It is an act of liberality where the creditor gives up his right against the debtor, either in whole or
in part, resulting in the extinguishment of the latter's obligation.

III. PROBLEM

1. No. Should only collect 500 since it is not the same amount owed by each creditor and
debtor and that is according to compensation
2. With the debtor's consent, he cannot set up against the assignee the compensation that
would pertain to him against the assignor unless he reserved his right to the
compensation.
3. the debtor was notified of the assignment but he did not give his consent thereto, the
debtor may set compensation of debts mâturing before the assignment but not of
subsequent ones.
4. No novation. It was X who decided to deliver a truck without the knowledge of Y.
5. Yes. Since the principal obligation it secures has been extinguished.

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