lOMoARcPSD|33147578 Oblicon WEEK 9 Quiz- Assignment -Extinguishment of Obligations Accountancy (STI College) Studocu is not sponsored or endorsed by any college or university Downloaded by HAYANISAH ALA (22-53669@g.batstate-u.edu.ph) lOMoARcPSD|33147578 WEEK 9 MODULE OBLIGATIONS AND CONTRACT Extinguishment of Obligations Part 1/3 ASSIGNMENT 1. It is the gratuitous abandonment by the creditor of his right Remission Novation Condonation Compensation 2. Payment of an obligation is through delivery of money or performance of obligation such as rendering of services. True 3. Carmela owed Marie P2,500.00 and promise to pay it on April 15, 2021. On due date, because Carmela doesn’t have enough cash, she handed P2,000 to Marie. This payment would render to obligation Extinguished Partially paid only Completely delivered. Condoned 4. If there is substantial compliance the obligor may recover as though there has been complete fulfillment plus the amount of damages suffered by the obligee. False 5. In case of acceptance of performance, the law considers that the creditor waives his right under the principle of estoppel with requisites that DOES NOT include: The obligee knows that the performance is incomplete The obligee knows that the performance is irregular. He accepts the performance without expressing any protest or objection. The obligee was under lucid interval when the performance was accepted. 6. The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation. Exceptions to this provision are the following EXCEPT 7. 8. 9. 10. 11. If there is no stipulation that the creditor shall accept the payment made by a third person. If the third person is a surety, a guarantor or a mortgagee. If the third person pays for the obligation with the knowledge of the debtor and does not object thereto at any time, the latter must pay the amount advanced by the former. If the debt had already prescribed or had been compensated, the payor is not entitled to reimbursement from the debtor. Whoever pays on behalf of the debtor is entitled to subrogation if the payment is with the consent of the creditor. (debtor) False If the paying third person does not intend to be reimbursed the payment is deemed a donation which Requires the debtor’s consent to be valid. Requires the creditor’s consent to be valid. Does not require the debtor’s consent to be valid. Does not require any consent at all from both the debtor and the creditor. Carina a thirty year old insane transfer the title of her land to Mary, her creditor for the satisfaction of her debt. Was the transfer valid? Why? Transfer is valid because insane has legal capacity. Transfer is not valid because Mary is only thirty years old. Transfer is not valid since the insane has no legal capacity. Transfer is valid because Mary is already thirty years old. Payments may be made to the following EXCEPT The creditor at the time of the payment. To the successors-in-interest of the creditor. To a third party even without the consent of the creditor. To any person who bears the authority to receive such payment. Amir was indebted to Ben. At the time of payment, Ben was insane but kept it and later used it for hospital expenses. What is the effect of the payment? Downloaded by HAYANISAH ALA (22-53669@g.batstate-u.edu.ph) lOMoARcPSD|33147578 12. 13. 14. 15. 16. 17. 18. 19. 20. The payment is not valid. The payment is valid. Payment made in good faith to any person in possession of the credit shall not release the debtor. False Pia owes Catriona P5,000,000.00. Catriona, in turn, owes Maya P 2,500,000.00. Maya brings an action against Catriona, who claims insolvency but admits the credit which she has over Pia. Before Pia pays Catriona, Pia is summoned into the proceeding, and asked to retain the debt in the meantime. This is a case of Injunction Interpleader Garnishment Judicial proceeding The debtor of a thing can compel the creditor to receive a different one, although the latter may be of the same value as, or more valuable than that which is due. False A mode of discharging a debt or claim by the debtor's giving to the creditor with the latter's consent something in full satisfaction of the obligation but of a character different from that originally called for by the obligation. Assignment Pledge Dation Warranties When the obligation consists in the delivery of an indeterminate or generic thing, whose quality and circumstances have not been stated, the following are applicable EXCEPT the creditor cannot demand a thing of superior quality. The creditor can demand a thing of superior quality the debtor cannot deliver a thing of inferior quality. The purpose of the obligation and other circumstances shall be taken into consideration. Extrajudicial expenses required by the payment shall be for the account of the debtor unless The creditor demanded The debtor demanded It is otherwise stipulated It is ordered by the third person. The debtor can make a partial payment or partial performance to the creditor unless there is an express agreement to that effect. The creditor therefore cannot refuse a partial payment or performance. False Ging owes Ping $5,000.00. The amount is due and demandable already. But due to the pandemic, Ging cannot withdraw her dollar deposit from the bank. However, she has Philippine peso bills, Korean Won and Japanese yen in her house. How can Ging extinguish her debt to Ping? Ging can pay Ping the equivalent of the $5,000 in the combination of the three currencies she has. Ging can pay Ping the equivalent of $5,000 in Philippine peso instead. Ging can postpone paying her debt to Ping. Ging can pay in Korean Won and Japanese yen equivalent to $5,000. Payment of obligation shall be made in the following except The domicile of the debtor. The domicile of the creditor. Place designated in the obligation. Wherever the thing might be at the moment the obligation was constituted. WEEK 9 MODULE OBLIGATIONS AND CONTRACT Extinguishment of Obligations Part 1/3 QUIZ 1. When the obligation is extinguished due to concurrent amount of the obligations of those persons who are reciprocally debtors and creditors of each other, there exist a Remission Novation Condonation Downloaded by HAYANISAH ALA (22-53669@g.batstate-u.edu.ph) lOMoARcPSD|33147578 Compensation 2. An auditing firm once rendered services to a client can be compensated by payment of money only. False 3. Carmela owed Marie P2,500.00 and promise to pay it on April 15, 2021. On due date, because Carmela doesn’t have enough cash, she handed P2,000 to Marie. What is the best move Marie can do in this situation? Force Carmela to pay the full P2,500. Refuse to accept the payment. Go to court at once. Nothing. 4. When in good faith the obligor wasn’t able to perform an obligation, the obligor May recover as if he has complete performance plus the amount of damages suffered by the obligee. May recover as if he has complete performance minus the amount of damages suffered by the obligee. May recover as if he has complete performance. May not recover anything. 5. A legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law. Novation Estoppel Protest Remission 6. Whoever pays for another may not demand from the debtor what he has paid, except that if he paid without the knowledge or against the will of the debtor False 7. Whoever pays on behalf of the debtor without the knowledge or against the will of the creditor, cannot compel the debtor to subrogate him in his rights. Debtor-creditor False 8. Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a condonation donation remission novation 9. Ernesto a twenty five year old insane transfer the title of his land to Tomas, his creditor for the satisfaction of his debt. Such transfer is not valid since the insane has no legal capacity. When can this transfer be valid? Transactions done during the lucid intervals are valid. When Ernesto becomes thirty years old. When a third person signs on behalf of Ernesto. When Tomas signs on behalf of Ernesto. 10. Babe is the creditor of Bill. Jill presented himself to Bill, the debtor, and alleged that he has been given authority by Babe to receive the money. Bill paid the whole amount to Jill. What is the effect of Bill’s payment to Jill? Bill’s obligation is extinguished. Jill can keep the money she collected. Babe should reimburse Bill . The payment is not valid. Bill is still indebted to Babe. 11. Payment made to a third person shall also be valid insofar as it has redounded to the benefit of the creditor. Such benefit to the creditor need not be proved in the following EXCEPT If the creditor ratifies the payment to the third person; If after the payment, the third person acquires the creditor's rights. If after the payment, the third person acquires the debtor's rights. If by the creditor's conduct, the debtor has been led to believe that the third person had authority to receive the payment. 12. Payment made in good faith to any person in possession of the credit shall release the debtor. This law is intended to protect the ___________ from being required to pay again the payee. Creditor Debtor Third person Neither the creditor nor the debtor Downloaded by HAYANISAH ALA (22-53669@g.batstate-u.edu.ph) lOMoARcPSD|33147578 13. It is a judicial process by virtue of which a person is generally ordered to refrain from doing something. 14. 15. 16. 17. 18. 19. 20. Injunction Garnishment Interpleader Attachment The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value as, or more valuable than that which is due EXCEPT when The debtor gives his/her consent Agreed upon or if the creditor consents. Ordered by the court. The debtor insists. Transfer of property from debtor to creditor in replacement of the obligation in case of default. Assignment Pledge Dation Warranties Article 1246 is a principle of equity in that it supplies justice in cases where there is lack of precise declaration in the obligation of the quality or kind of thing to be delivered. It is always hard to ûnd one thing that is exactly similar to another. True Who generally pays judicial costs? Debtors Creditors Losing party Neither the creditor nor the debtor Unless there is an express stipulation to that effect, the creditor cannot be compelled partially to receive the prestations in which the obligation consists. True In case of extraordinary inflation or deflation, this is necessary, otherwise creditors cannot demand an increase, and debtors, a decrease of what is due to or from them. A conformity of the debtor to pay a deflated or inflated amount A conformity by the creditor to receive a deflated or inflated amount A declaration of inüation or deüation by the Bangko Sentral ng Pilipinas A judicial court proceedings. There being no express stipulation and if the undertaking is to deliver a determinate thing, the payment shall be made wherever the thing might be at the moment the obligation was constituted. True Downloaded by HAYANISAH ALA (22-53669@g.batstate-u.edu.ph)