Module 3 – End of Chapter Questions

Section 1

I. Definition

1. Condition
2. Civil loss
3. Reciprocal Obligations
4. Pure Obligation
5. Potestative Condition

II. Discussion

1. Illustrate an obligation subject to:

(a) Suspensive condition
(b) Resolutory condition

What is the effect of the fulfillment of the condition in a conditional obligation?

2. Give two (2) cases when the conditional obligation is valid although the condition depends
entirely upon the will of the debtor. Explain.
3. May an obliger be liable under an obligation subject to a suspensive condition although the
condition has not yet been fulfilled? Explain.
4. In an obligation to give a parcel of land subject to a suspensive condition, who is entitled to
the fruits that accrued during the pendency of the condition once said condition is fulfilled?
5. State the rules in case the thing to be delivered:
(a) Is lost with the debtor’s fault; without his fault;
(b) Deteriorates with the debtor’s fault; without his fault.

III. Problems

1. D (debtor) borrowed P20,000 from C (creditor) payable on or before August 30. Before the
arrival of the due date, C agreed to the premise of B to pay C if B wants. Can C insist that B
pay not later than August 30?
2. Suppose in the same problem, D obliges himself to pay C P10,000 after C has paid his
obligation to T. Is the obligation valid?
3. S (seller) agreed to sell to B (buyer) a specific car for P200,000, delivery of the car and the
payment of the price to be made on June 15. Suppose S delivered the car on June 15 but B
failed to pay the price, what are the remedies of S?
4. S sold a parcel of land to B for P240,000 payables in installments of P20,000 a year. The
land was delivered to B who obtained ownership thereof. After B had paid P200,000, he
 could no longer continue paying in view of financial reverses but he was willing to pay the
balance of P40,000 if given more time. Thereupon, S sued for recission under Article 1191.
If you were the judge, would you grant recission?
5. D (debtor) binds himself to pay C (creditor) a sum of money. Give the three cases when the
obligation of D is demandable at one by C?

Section 2

I. Definition

1. Obligation with a period

2. Period
3. Indefinite period

II. Discussion

1. Has the debtor the right to recover what he has paid to the creditor before the arrival of the
period agreed upon? Explain.
2. If an obligation does not state a period for its performance, has a party the right to ask a
court to fix a period or the duration thereof? Explain.
3. Give the cases when the oblige can demand the performance of an obligation even before
the arrival of the period agreed upon.

III. Problems

1. D (debtor) borrowed P10,000 from C (creditor) at 15% interest per annum payable on
December 31. Can D require C to accept payment before December 31?
2. D binds himself to give P10,000 to C upon the death of the father of D. Is the obligation of
D conditional or one with a period.
3. D obtained a loan from C in the amount of P50,000, payable on August 10. As security for
his debt, D mortgaged his car in favor of C. The car, however, was substantially damaged
without the fault of D. What rights, if any, does C have under the law? May C demand
payment from D even before August 10?

Section 3

I. Definition

1. Alternative obligation
2. Facultative obligation
3. Conjunctive obligation
 II. Discussion

1. What are the limitations on the right of choice of the debtor in alternative obligations?
Illustrate one such limitation.
2. Give the situation when the debtor is given the option either to exercise his right of choice
or to rescind the contract with damages.
3. State the legal effects in case:
(a) Some of the objects of the obligation are lost through the fault of the debtor who has
the right of choice;
(b) All are lost through his fault.

III. Problems

1. D (debtor) borrowed P10,000 from C (creditor). It was agreed that D could pay P10,000 or
deliver his piano on August 22. On August 20, D informed C that the former would deliver
his piano. Can D still change his period considering that he was given the right of choice?
2. Under a contract, X (obliger) promised to deliver to Y (obligee) item one, or item two, or
item three. Y was given the right of choice. What is the liability of X in case, through his
fault:
(a) Item two is lost or destroyed;
(b) All the items are lost or destroyed?
3. S (seller) sold his TV set to B (buyer) who gave S the option to deliver instead his
refrigerator. Is S liable to B in case the TV is lost through S’s fault?

Section 4

I. Definition

1. Joint obligation
2. Solidary obligation
3. Active solidarity
4. Joint indivisible obligation
5. Solidary divisible obligation

II. Discussion

1. If there are two (2) or more debtors in one and the same obligation, is there liability joint or
solidary? Explain.
2. In case of active solidarity, to whom shall the debtor or debtors make payment?
3. Give the effect of the condonation or remission of a debt by one of several creditors where:
 (a) The obligation is joint
(b) The obligation is solidary
4. In case a remission is made by a creditor of the share of one of the solidary debtors, is the
said debtor released from responsibility to his co-debtor/s? Explain.
5. Suppose a solidary debtor obtained remission of the whole obligation, is he entitled to
reimbursement from his co-debtor/s? Explain.

III. Problems

1. X, Y, and Z bind themselves to pay W P30,000. Only X received the money as per
agreement between X, Y, and Z. On the due date of the obligation, has W the right to
demand the full payment of P30,000 from Z alone?
2. X, Y, and Z promised to pay W solidarily P30,000 on or before September 10 without need
of demand. On September 9, X paid the whole P30,000 to W.
(a) How much can X collect from Y and Z?
(b) May X collect interest from Y and Z?
(c) Suppose Z turns out to be insolvent, how much can X collect from Y?
3. A owes B and C, solidary creditors, the sum of P20,000:
(a) Can C condone the debt without the consent of B?
(b) Can C assign his rights without the consent of B?

4. A,B, and C are solidarily liable to D. For their failure to pay, D filed a complaint in court
but only against C. Has C the right to demand that A and B be also included as party
defendants?
5. A, B, and C, co-owners, sold a printing equipment to D. They solidarily bound
themselves to deliver the equipment on a certain date. Through the fault of C, the
equipment was completely destroyed. Give the rights and obligations of the parties.

Section 6

I. Definition

1. Obligation with a penal clause

2. Penal clause
3. Joint penal clause

II. Discussion

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

 2. In an obligation with a penal clause, may the creditor still recover damages and interests in
addition to the stipulated penalty?
3. In what cases may the debtor validly object to the enforcement of the stipulated penalty?

III. Problems

1. X promises 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 that instead
of delivering the horse. Has Y the right to refuse to accept the penalty in lieu of the horse?
2. In the same problem, X was able to show that Y did not suffer any damages by X’s
violation of his obligation. Can Y still enforce the penalty?
3. In the same problem, suppose X was guilty of negligence in the fulfillment of his
obligation. Is X liable for damages in addition to the penalty?