Tuguegarao City, Cagayan. Atty. MICHAEL JHON M. TAMAYAO manages this blog. Contact: firstname.lastname@example.org.
1. A made a promisory note in favor of B. The instrument was not dated. What kind of obligation does A have?
a. Pure Obligation
b. Conditional Obligation
c. Obligation without a period
d. Indivisible Obligation
2. A and B made a promisory note in favor of B. The body of the instrument read:
“I oblige myself to pay P1,000,000.00 to B on or before September 15, 2015.”
What kind of obligation is present above?
a. Divisible Obligation
b. Joint Obligation
c. Solidary Obligation
d. Obligation with a period
e. Conditional Obligation
f. A, B & E
g. A, B & D
h. B, C & D
3. X, Y, and Z bound themselves individually and collectively to give a house to A on December 15, 2015. The house is worth P5,000,000.00. Prior the arrival of the period, Z became insolvent. What are the remedies of A against the debtors?
b. Action for Damages
c. Specific performance
d. Action for Attachment
e. All of the above
f. None of the above
g. A or C
4. A and B bound themselves solidarily to deliver a motor cycle to C with chasy no. 12345 on or before September 9, 2014. One year after the arrival of the period, the motorcycle was destroyed due to a powerful cyclone. Are A and B liable for damages to C?
a. Yes because they are already in delay.
b. No because they are not yet in delay.
c. Yes because the loss was due to their fault.
d. No because the loss was without their fault.
e. A & C
f. B & D
5. A and B bound themselves solidarily to C under the following terms and conditions:
1. A will pay P15,000.00 to C on August 30, 2015.
2. B will pay P30,000.00 to C on December 30, 2016.
Their agreement was reduced into writing.
On January 1, 2025 C demanded for the payment of the entire P45,000.00 from A. But A refused to pay, arguing that C already slept on his right to collect the debt.
Is A correct in refusing to pay?
a. No because prescription is not one of the valid defenses in a solidary obligation.
b. Yes because prescription is one of the defenses avaliable to a solidary debtor.
c. No because the right did not yet prescribe.
d. Yes because even if the right did not yet prescribe, applying principles of equity and fairness, C can no longer demand because he already slept on his rights.