LAW ON OBLIGATIONS AND CONTRACTS

SY 2023-2024 | 2nd Semester

Assignment | April 14, 2024

INSTRUCTIONS

1. On a yellow sheet of paper, write your answers to the questions below.

2. Submit your paper to your class beadle on or before 12 NN on April 15, 2024 (Monday).
3. Please remember that it is your responsibility to look for your beadle on Monday to
submit your paper on time.
4. If, for any reason, you are not in school on Monday to submit your paper, kindly inform
your beadle of that fact and email your answer sheet to me at
dalapo.sushmita@g.cu.edu.ph also on or before 12NN on April 15, 2024.
5. Thank you and happy studying!

The only person you are destined to become is the person you decide to be.
Ralph Waldo Emerson

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I. Multiple Choice Questions. Use CAPITAL LETTERS ONLY. (2 pts each)

1. Good faith payment to the possessor of the credit shall release the:
A. the creditor.
B. the guarantor.
C. both creditor and debtor.
D. the debtor.

2. The following extinguish an obligation, except:

A. Dation in payment
B. Merger of rights
C. Death of a party in an obligation to pay Php10,000.00
D. Payment by cession

3. Dation in payment is governed by the law of:

A. Succession
B. Donation
C. Sales
D. Legal Tender

4. Express Condonation shall comply with the forms of _______:

A. Consignation
B. Donation
C. Implied acceptance by the obligor
D. Legal Tender

5. Legal tender is that which:

A. The creditor can compel the debtor to accept as performance of an obligation.
B. The debtor can compel the debtor to accept to fulfill a condition.
C. The creditor can compel the debtor to accept on the expiration of the period.
D. The debtor can compel the creditor to accept as payment of an obligation.

6. Payment can be made in these places, except:

A. In the place designated in the contract
B. None of the choices
C. Wherever the determinate thing might be at the moment the obligation was constituted
D. Domicile of the debtor

7. Consignation alone shall release the debtor from responsibility to the creditor in the following
cases, except:
A. The creditor refuses without just cause to accept the payment of debtor.
B. When the creditor is absent
C. When the creditor is willing to issue a receipt
D. When the creditor is incapacitated to receive

8. All are elements in order for loss of the thing due extinguish an obligation of the obligor, except:
A. Obligor’s prestation is to give a specific thing
B. The thing was lost or destroyed due to obligor’s fault
C. Obligor is not in delay
D. It was lost or destroyed without the fault of the obligor

9. All are instances where loss of the thing does not extinguish the obligation to deliver, except:

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 A. When the obligor and obligee agree on such stipulation
B. When the law imposes it upon the obligor
C. When obligor is guilty of fraud
D. When the obligation of obligor requires assumption of risk

10. The following define condonation as a mode of extinguishment of an obligation, except:

A. There must be express acceptance
B. It is an act of gratuity on the part of the creditor
C. There must be implied acceptance
D. Governed by the law on succession

11. The following shall release the obligor in obligations to do, except:
A. When the prestation becomes physically impossible
B. When the prestation becomes legally impossible
C. The impossibility is without the fault of the obligor
D. The impossibility is without the fault of the obligee

12. All are necessary in order that compensation may be proper, except:
A. That each one of the obligors is not bound principally
B. That all debts are due
C. That they both be at the same time a principal creditor of the other
D. That both dues are demandable

13. Compensation shall not be proper in the following cases, except:

A. When one of the debts arises from a contract of deposit
B. When the debt arises from the obligations of a bailee in commodatum
C. When the creditor has a claim for support due by gratuitous title
D. When two persons, in their own right, are creditors and debtors of each other

14. An obligation may be modified by all of the following, except:

A. Changing their principal conditions
B. Substituting the person of the debtor without the consent of the creditor
C. Substituting the person of the debtor without the consent of the debtor
D. Subrogating another in the rights of the creditor

15. The following are requisites of novation as a mode of extinguishment of an obligation, except:
A. A previous void obligation
B. The modification or extinguishment of the obligation
C. the creation of a new and valid obligation
D. Intention of the parties to modify or extinguish the obligation

II. Essay. (5 pts each)

1. Contrast Dation in Payment and Cession. Cite the main difference.

2. What is legal tender? And are Philippine bills and coins, in any and all amounts, always legal
tender?
3. Contrast tender of payment and consignation.
4. What are the requisites/elements so the loss of a thing can extinguish an obligation?
5. What are kinds of Novation as a mode of extinguishing an obligation? Explain each briefly.