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Art.

1156
FIL-IN THE BLANKS
1. An obligation is a juridical necessity to _________, to do or not to do.
2. Obligation is derived from a Latin term which means to bind, what is the Latin
term? _________
Elements of Obligation
3. __________subject - has the duty to perform the obligation
4. __________ subject- possessor of a right in whose favor the obligation is constituted
5. _________________ -the reason why the obligation exists.
6. _________________ - the subject matter of the obligation.
7. In few cases, the ______ or manner in which the obligation is manifested can be
important.
Case: Jasmine promise to dance ballet the birthday of Betina for P15,000.00 written in an
agreement.
8. In the case above, who is the obligor? ___________
9. In the case above, who is the obligee? ___________
10. In the case above, what is the prestation? ___________
11. In the case above, what is the juridical tie? ________________________
Enumerate the kinds of obligations from the viewpoint of subject-matter?
12. ________________
13. ________________
Enumerate the kinds of obligations from the viewpoint of persons obliged?
14. _______________
15. _______________

Art.1157-1162
FILL-IN THE BLANKS
1-3. Obligations derived from 1._______ are not presumed. Only those expressly determined in
this Code or in special laws are 2. ______________and shall be 3. _____________ by the
precepts of the law which establishes them.
4-6. Obligations arising from 4. __________have the force of 5. __________ between the
contracting parties and should be complied with in 6. __________
7. Obligations derived from ________________ shall be subject to the provisions of Chapter 1,
Title XVII, of this Book.
8-10. Civil obligations arising from 8. _______________ shall be governed by the 9. __________,
subject to the provisions of article 2177, and of the pertinent provisions of Chapter 2,
Preliminary Title, on Human resources and of Title XVIII of this Book, regulating 10. __________

· 11-15 Obligations arise from:


(11) _______________
(12) _______________
(13) _______________
(14) _______________
(15) _______________

FILL-IN THE BLANKS


1-5 Obligations arise from:
(1) _______________
(2) _______________
(3) _______________
(4) _______________
(5) _______________
6-8 Obligations derived from 6. ________ are not presumed. Only those expressly determined in
this Code or in special laws are 7. _______________and shall be 8. _______________by the
precepts of the law which establishes them.
9-10 Obligations arising from 9. _______________ have the force of 10. ________between the
contracting parties and should be complied with in good faith.
11 – 13. Civil obligations arising from 11. ___________________ shall be governed by the 12.
_______________ subject to the provisions of article 2177, and of the pertinent provisions of
Chapter 2, Preliminary Title, on 13. _______________ of Title XVIII of this Book, regulating
damages.
14.-15. Obligations derived from 14. _______________shall be governed by the provisions of
Chapter 2, Title XVII of this Book, and by 15. _______________
ART. 1157-1162
Multiple Choice.
1. The obligation to pay income taxes to the government is derived from
a. Law
b. Quasi-delicts
c. Contracts
d. Quasi-contracts
2. The duty of the father to provide support to his children is derived from
a. Law
b. Quasi-delicts
c. Contracts
d. Quasi-contracts
3. The obligation to pay monthly rent on a rented apartment is derived from
a. Law
b. Quasi-delicts
c. Contracts
d. Acts or omissions punished by law
4. The obligation to pay interest on top the principal obligation due to the bank is derived
from
a. Law
b. Quasi-delicts
c. Contracts
d. Quasi-contracts
5. The juridical relation resulting from lawful, voluntary and unilateral acts by virtue of
which the parties become bound to each other so that no one will be unjustly enriched or
benefited at the expense of another is a
a. Solution Indebiti
b. Quasi-contract
c. Quasi-delict
d. Restitution
6. Mr. Lemony used the car of his neighbor without permission. He later returned the car
and apologized for his use of it without permission. The returned car, however, had
damaged bumper end side mirror and his neighbor wants him to pay for the repair costs
for the car. On what ground can the neighbor obliged Mr. Lemony to pay for the car
repair?
a. Law
b. Quasi-delicts
c. Contracts
d. Acts/omissions punished by law
Anabel demanded that her neighbor Liza, whose flower plant on a pot in the second floor
accidentally fell on her head while she was just walking, pay for the medical expenses she
incurred for the medical treatment to her chin that was damaged by the falling flower pot.
7. Question: Can Anabel demand Liza to reimburse medical expenses? Yes or No? ________
8. If the answer is yes, what is the source of obligation on the part of Liza to pay for the
medical expenses? _______________ If answer is NO, why not? _______________
ABC Grocery mistakenly delivered a sack of rice to be paid after 15 days to the house of Mr.
Santos and was received by his son. However, it was actually Mr. Santi who ordered for the sack
of rice and not Mr. Santos. When ABC Grocery failed to collect from Mr. Santi because he did not
really receive the sack of rice, ABC Grocery tried to collect payment from Mr. Santos who refused
to pay because he didn't order for the rice.
9. Question: Can ABC Grocery collect from Mr. Santos? Yes or No? Answer: ________
10. If answer is yes, what is the source of obligation on the part of Mr. Santos to pay for the
rice? _______________ If answer is NO, why not? _______________
11-15 Requisites for Quasi-Delict?
11. __________________________
12. __________________________
13. __________________________
14. __________________________
15. __________________________

Multiple Choice.
1. The obligation to pay income taxes to the government is derived from
a. Law
b. Quasi-delicts
c. Contracts
d. Quasi-contracts
2. The duty of the father to provide support to his children is derived from
a. Law
b. Quasi-delicts
c. Contracts
d. Quasi-contracts

3. The obligation to pay monthly rent on a rented apartment is derived from


a. Law
b. Quasi-delicts
c. Contracts
d. Acts or omissions punished by law
4. The obligation to pay interest on top the principal obligation due to the bank is derived from
a. Law
b. Quasi-delicts
c. Contracts
d. Quasi-contracts
5. The juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which
the parties become bound to each other so that no one will be unjustly enriched or
benefited at the expense of another is a
a. Solution Indebiti
b. Quasi-contract
c. Quasi-delict
d. Restitution
6. The juridical relation which is created when something is received when there is not right to
demand it and it was unduly delivered through mistake is called
a. Solution Indebiti
b. Quasi-contract
c. Quasi-delict
d. Negotiorum Gesto
7. The voluntary management of the property or affairs of another without the knowledge or
consent of the latter is called
a. Solution Indebiti
b. Quasi-contract
c. Quasi-delict
d. Negotiorum Gesto
8. The meeting of the minds between 2 persons whereby one binds himself, with respect to the
other to give something or to render some service is called
a. Solution Indebiti
b. Contract
c. Quasi-delict
d. Negotiorum Gesto
9. The act or omission by a person which cause damage to another person, property or right
rise to the obligation to pay for the damage done, there being fault or negligence but not
exist contractual relation between parties is called
a. Solution Indebiti
b. Quasi-contract
c. Quasi-delict
d. Negotiorum Gesto
10-15 Crime Distinguished from Quasi-Delict. Fill-in the blanks

CRIME QUASI-DELICT
Criminal or malicious intent or Criminal 10. ____________
negligence
Purpose is punishment 11. ____________ of the offended party
Affects public interest 12. Concerns _________interest
Generally criminal & civil liabilities 13. __________ Liability
Criminal liability cannot be 14. ___________________
compromised or settled by parties
Guilt must be proved by reasonable 15. Fault or negligence be proved by
doubt ____________ of evidence

Art. 1163-1164
Fill-in the blanks.
Every person obliged to give something is also obliged to take care of it with the 1.
___________________ of a good 2. ___________________, unless the law or the 3.
__________of the 4. __________ requires another standard of care.
The 5. __________ has a right to the 6. __________ of the thing from the time the obligation to
7. __________it arises. However, he shall acquire 8. __________ right over it until the same has
been delivered to him.
Give three (out of 5) duties of debtor on obligation to give a determinate thing:
9. _________________________
10. ________________________
11. ________________________
Match col. A with col. B. Write the letter only under the Answer column.

ANSWER COL. A COL. B


1 A thing said to be particularly A Civil fruits
designated or physically segregated
others of the same class

2 It refers to a class or genus to which it B Natural fruits


pertains and cannot be pointed out
with particularity.
3 Identified with its individuality. C Personal right
4 Spontaneous products of the soil and D Specific or
the young and other products of determinate
animals
5 Fruits derived by virtue of juridical E Emotional
(legal) relation fruits
6 Identified only by its specie. F Legal Rights
7 Right or power of a person (creditor) to G Industrial fruits
demand from another (debtor, as a
definite passive subject), the fulfillment
of the latter's obligation.

8 A right directed against the whole H Interests


world
9 Produced by lands of any kind through I Generic or
cultivation or labor. indeterminate
10 Right or interest of a person over a J Enforceable
specific things like ownership) without rights
a definite passive subject against whom
the right may be enforced.
11 Right which is binding or enforceable K Real right
only against a particular person or
interest of a person over a specific
things (like ownership) without a
definite passive subject against whom
the right may be enforced.

Art. 1165-1168
Fill-in the blanks.
Article 1165. When what is to be delivered is a 1. ___________ thing, the 2. ___________ , in
addition to the right granted him by article 1170, may compel the 3. ___________ to make the
4. ___________. If the thing is indeterminate or 5. ___________, he may ask that the obligation
be complied with at the expense of the 6. ___________. If the obligor delays, or has promised to
deliver the same thing to two or more persons who do not have the same interest, he shall be
responsible for any 7. ___________ event until he has effected the delivery.
Article 1166. The obligation to give a determinate thing includes that of delivering all its
8.___________ and 9. ___________ , even though they may not have been mentioned.
Article 1167. If a person obliged to do something fails to do it, the same shall be executed at
10.____________. This same rule shall be observed if he does it in contravention of the tenor of
the obligation. Furthermore, it may be decreed that what has been poorly done be undone.
1168. When the obligation consists in 11. ____ ______, and the. 12. ___________ does what has
been forbidden him, it shall also be undone at his expense.
II. Match col. A with col. B. Write the letter only under the Answer column.

ANSWER COL. A COL. B


1 Can be performed by a third person A Profits
since the object is expressed only
according to its family or genus.
2 The creditor can demand or compel B Generic real
performance of the obligation (if still obligation
possible) of the obligation with a right
to indemnity for damages
3 Things joined to or included with the C Accessions
principal for the latter's embellishment,
better use or completion.
4 The fruits on land; rents of a building; D D Specific real
air-conditioner in a car; profits or obligation
dividends accruing from shares of
stocks.
5 The key of a house; frame of a picture; E Interests
bracelet of a watch; bow of a violin.
6 The fruits of a thing or additions to or F Accessories
improvements upon a thing (the
principal).
7 These things and the principal thing G Fixtures
must go together.
8 These are not necessary to the H Decorations
principal
thing.
Article 1169 - 1170
Fill-in the blanks
Art. 1170 Those who in the performance of their obligations are guilty of 1._____________
_____________ Or 3. _____________, and those who in any manner 4 _____________ the
tenor thereof, are liable for 5. _____________
Match col. A with col. B Col. A

ANSWER COL. A COL. B


1 Fraud committed in the performance A Mora solvendi
of the obligation already existing
because of contract.
2 Fault or culpa B Legal delay or
default de mora
3 Failure to perform an obligation on C Mora accipendi
time which constitute a breach of the
obligation
4 Delay of obligors in reciprocal D Ordinary delay
obligations
5 Delay on the part of the debtor to E Fraud
fulfill his obligation
6 The net result of this delay is that there F Negligence
is no default on the part of both
parties
7 The creditor will be liable for damages G Compensation
morae
8 The debtor will be liable even for H Waiver
fortuitous event
9 For his delay, he bears the risk of loss I Dolo incidente
of the thing due
10 Deceit or Dolo J Dolo causante
Art. 1169. Those obliged to deliver or to do something incur in delay from the time the obligee
judicially or extrajudicially 1. _____________ from them the fulfillment of their obligation.
However, the demand by the creditor shall not be necessary in order that delay may exist:
(1) When the obligation or the law 2. _____________ so declare; or
(2) When from the nature and the circumstances of the obligation it appears that the
designation of the 3. _____________ when the thing is to be delivered or the service is to be
rendered was a controlling motive for the establishment of the contract; or
(3) When demand would be 4. _____________, as when the obligor has rendered it beyond his
power to perform.
In 5. _____________ obligations, neither party incurs in delay if the other does not comply or is
not ready to complý in a proper manner with what is incumbent upon him. From the moment
one. of the parties fulfills his obligation, delay by the other begins.
Match col. Á with col. B. Col. A

ANSWER COL. A COL. B


1 Failure to perform an obligation on A Mora solvendi
time
2 Delay on the part of the creditor to B Legal delay or
fulfill his obligation to accept default de mora
performance
3 Failure to perform an obligation on C Mora accipendi
time which constitute a breach of the
obligation
4 Delay of obligors in reciprocal D Ordinary delay
obligations
5 Delay on the part of the debtor to E Fraud
fulfill his obligation
6 The net result of this delay is that there F Negligence
is no default on the part of both
parties
7 The creditor will be liable for damages G Compensation
morae
8 The debtor will be liable even for H Waiver
fortuitous event
9 For his delay, he bears the risk of loss I Dolo incidente
of the thing due
10 Deceit or Dolo J Dolo causante
A

ARTICLE 1174-1180

Write True or False


1. Usurious transactions shall be governed by Civil Code.
2. The receipt of the principal by the creditor without reservation with respect to
the interest, shall give rise to the presumption that said interest has been paid.
3. The receipt of a later installment of a debt without reservation as to prior
installments, shall not raise the presumption that such installments have been paid.
4. The creditors, after having pursued the property in possession of the debtor to
satisfy their claims, may exercise all the rights and bring all the actions of the latter for
the same purpose, save those which are inherent in his person.
5. The creditors, after having pursued the property in possession of the debtor to
satisfy their claims may not impugn the acts which the debtor may have done to defraud
them.
6. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, even if
there has been stipulation to the contrary.
7. Every obligation whose performance does not depend upon a future or uncertain
event, or upon a past event unknown to the parties, is demandable at once.
8. Every obligation which contains a resolutory condition shall be demandable, with
prejudice to the effects of the happening of the event.
9. When the debtor binds himself to pay when his means permit him to do so, the
obligation shall be deemed to be one with a period, subject to the provisions of article
1197.
10. In cases expressly specified by the law, or when it is otherwise declared by stipulation, or
when the nature of the obligation requires the assumption of risk, all persons shall be
responsible for those events which could not be foreseen, or which, though foreseen,
were inevitable
11. A fortuitous event is any event which can be foreseen and is inevitable.
12. Ordinary fortuitous event includes earthquakes, war and pestilence.
13. Force Majeure are acts of God or events which are totally independent will of any human
being
14. A fortuitous event may either be an act of man or an act of God.
15. As a general rule, a person is not responsible for loss or damage caused to another,
resulting from non-performance of his obligation due to fortuitous events.
16. Pecuniary (financial) inability or poverty is an excuse for non-fulfillment of an obligation
17-20 Requisites of a fortuitous event.
17. ________________________________________________________________
18. ________________________________________________________________
19. ________________________________________________________________
20. ________________________________________________________________
Art. 1182-1186
Give the classification of conditions:
1-2 As to Effect: 1. _____________ 2. _____________
3-4 As to Form: 3. _____________ 4. _____________
5-6 As to Numbers: 5. _____________ 6. _____________
7-8 As to Divisibility: 7. _____________ 8. _____________
9-10 Results where suspensive condition depends upon the will of debtor:
9. Conditional obligation is _____________
10. Only the _____________ is void.
11-12 Two kinds of Impossible conditions:
11. __________________________
12. __________________________
13-15 what are the requisites for constructive fulfillment of suspensive condition?
13. __________________________
14. The obligor actually prevents the __________________________; and
15. He acts _____________

Give the classification of conditions:


1-2 As to Possibility: 1. _____________ 2. _____________
3-5 As to Cause or Origin: 3. _____________ 4. _____________ 5. _____________
6-7 As to Mode: 5. _____________ 6. _____________
8. A condition suspensive in nature and which depends upon the sole will of one of the
contracting parties is known as_____________.
9. If the suspensive condition depends upon chance or supon the will of a third person, the
obligation subject to it is _____________
10. The obligation is valid if the suspensive condition depends partly upon chance and upon the
will of a third person. What kind of condition is this? Answer: _____________ condition
11. What do you call the condition when in nature, like the right to repurchase in a sale with
pacto de retro, the obligation is valid although its fulfillment depends upon the will of the debtor
(seller). Answer: _____________
12. If the condition depends exclusively upon the will of the creditor, the obligation is ________
(Void or valid?)
13. Impossible conditions annul the obligation which depends upon them. Both the obligation
and the condition are ___________(Void or valid?)
14-15. In spite of negative condition, the obligation shall become effective and binding from the
moment :
14. The time indicated has _____________ without the event taking place; or
15. It has become evident that the event______________ , although the time indicated has not
yet elapsed.

Art. 1181-1193 CODAL


TRUE OR FALSE
1. In conditional obligations, the acquisition of rights, as well as the extinguishment or loss
of those already acquired, shall depend upon the happening of the event which
constitutes the condition.
2. When the fulfillment of the condition depends upon the sole will of the creditor,
the conditional obligation shall be void.
3. Impossible conditions, those contrary to good customs or public policy and those
prohibited by law shall annul the obligation which depends upon them.
4. If the obligation is divisible, that part thereof which is not affected by the impossible
or unlawful condition shall be valid.
5. The condition not to do an impossible thing shall be considered as having been
agreed upon by the parties
6. The condition that some event happen at a determinate time shall extinguish the
obligation as soon as the time expires or if it has become indubitable that the event will
not take place.
7. The condition that some event will not happen at a determinate tire shall render
the obligation effective from the moment the time indicated has elapsed, or when
evident that the event cannot occur.
8. If no time has been fixed, condition shall be deemed fulfilled at such time as have
probably been contemplated, considering the nature of the obligation.
9. The condition shall is not deemed fulfilled when the obligor voluntarily prevents its
fulfillment.
10. The effects of a conditional obligation to give, once the condition has been fulfilled, shall
retroact to the day of the constitution of the obligation.
11. When the obligation imposes reciprocal prestations upon the parties, the fruits and
interests during the pendency of the condition shall be not be deemed to have been
mutually compensated.
12. If the obligation is unilateral, the debtor shall appropriate the fruits and interests
received, unless from the nature and circumstances of the obligation it should be
inferred that the intention of the person constituting the same was different.
13. In obligations to do and not to do, the courts shall determine, in each case, the
retroactive effect of the condition that has been complied with.
14. The creditor may, before the fulfillment of the condition, bring the appropriate actions
for the preservation of his right.
15. When the conditions have been imposed with the intention of suspending the efficacy of
an: U obligation to give, during the pendency of the condition, If the thing is lost without
the fault of the debtor, the obligation shall be extinguished.
16. If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is
I understood that the thing is lost when it perishes, or goes out of commerce, or it cannot
be recovered;
17. When the thing deteriorates without the fault of the debtor, the impairment is to be
borne by the creditor;
18. If it deteriorates through the fault of the debtor, the creditor may choose between the
rescission of the obligation and its fulfillment; with indemnity for damages ili either case;
19. If it is improved at the expense of the creditor, he shall have no other right than that
granted to the usufructuary.
20. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors
should not comply with what is incumbent upon him.

1. Impossible conditions, those contrary to good customs or public policy and those
prohibited by law shall annul the obligation which depends upon them.
2. If the obligation is divisible, that part thereof which is not affected by the impossible
or unlawful condition shall be valid.
3. The condition not to do an impossible thing shall be considered as having been
agreed upon by the parties
4. The condition that some event happen at a determinate time shall extinguish the
obligation as soon as the time expires or if it has become indubitable that the event will
not take place.
5. The condition that some event will not happen at a determinate time shall render
the obligation effective from the moment the time indicated has elapsed, or when
evident that the event cannot occur.
6. If no time has been fixed, condition shall be deemed fulfilled at such time as have
probably been contemplated, considering the nature of the obligation.
7. The condition shall is not deemed fulfilled when the obligor voluntarily prevents its
fulfillment.
8. The effects of a conditional obligation to give, once the condition has been fulfilled,
shall retroact to the day of the constitution of the obligation.
9. When the obligation imposes reciprocal prestations upon the parties, the fruits and
interests during the pendency of the condition shall be not be deemed to have been
mutually compensated.
10. If the obligation is unilateral, the debtor shall appropriate the fruits and interests
received, unless from the nature and circumstances of the obligation it should be
inferred that the intention of the person constituting the same was different.
11. In obligations to do and not to do, the courts shall determine, in each case, the
retroactive effect of the condition that has been complied with.
12. The creditor may, before the fulfillment of the condition, bring the appropriate actions
for the preservation of his right.
13. When the conditions have been imposed with the intention of suspending the efficacy of
an obligation to give, during the pendency of the condition, If the thing is lost without the
fault of the debtor, the obligation shall be extinguished.
14. If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it
is understood that the thing is lost when it perishes, or goes out of commerce, or it
cannot be recovered;
15. When the thing deteriorates without the fault of the debtor, the impairment is to be
borne by the creditor.
16. The injured party has the only option to rescind the obligation, with the payment of
damages.
17. In-case both parties have committed a breach of the obligation, the liability of the first
infractor shall be equitably tempered by the courts.
18. If it cannot be determined which of the parties first violated the contract, the same shall
be deemed extinguished, and each shall bear his own damages.
19. Reciprocal obligations are those which do not impose simultaneous and
correlative performances on both parties.
20. Physical loss includes that when the thing goes out of commerce.

1187 – 1192 Theories


Provide the required answers. Fill-in the blanks
1. The effects of a conditional obligation to give, once the condition has been fulfilled,
shall ___________ to the day of the constitution of the obligation.
2. When the obligation imposes ___________ prestations upon parties, the fruits and
interests during the pendency of the condition shall be deemed to have been mutually
compensated. In obligations to do and not to do, the courts shall determine, in each case,
the retroactive effect of the condition that has been complied with:
3. The creditor may, before the fulfillment of the condition, bring the appropriate actions
for the ___________ of his right.
4. - 9 When the conditions have been imposed with the intention of suspending the efficacy
of an ...obligation to give, the following rules shall apply:
a. If the thing is lost without the fault of the debtor, the obligation shall be 4. ________
b. If the thing is lost through the fault of the debtor, he shall be obliged to pay 5.
___________
c. When the thing deteriorates without the fault of the debtor, the impairment is to be
borne by the 6. ___________
d. If it deteriorates through the fault of the debtor, the creditor may choose between
the 7. ___________of the obligation and its fulfillment, with indemnity for damages
in either case;
e. If the thing is improved by its nature, or by time, the improvement shall inure to the
benefit of the 8. ___________
f. If it is improved at the expense of the debtor, he shall have no other right than that
granted to the 9: ___________
10 - 12 Kinds of loss in civil law:
10. ___________ 11. ___________ 12. ___________
13. The__________ shall decree the rescission claimed, unless there be just cause authorizing
the fixing of a period.
14. When the conditions have for their purpose the Extinguishment of an obligation to give, the
parties, upon the fulfillment of said conditions, shall ___________ to each other what they have
received.
15. The power to rescind obligations is implied in ___________ ones, in case one of the obligors
should not comply with what is incumbent upon him;

Art. 1193-1206
1. The creditor cannot be compelled to receive part of one and part of the other undertaking in
alternative obligations.
2. The right of choice in in alternative obligations belongs to the creditor, unless it has been
expressly shown otherwise.
3. The debtor shall have the right to choose or which could not have been the object of the
obligation.
4. Art. 1201. The choice taken shall produce no effect except from the time it has been
communicated.
5. Art. 1202. The debtor shall lose the right of choice when among the prestations whereby he
is alternatively bound, only one is practicable.
6. Ar. 1203. If through the creditor's acts the debtor cannot make a choice according to the
terms of the obligation, the creditor may rescind the contract with damages.
7. Art. 1204. The creditor shall have a right to indemnity for damages when, through the fault
of the debtor, all the things which are alternatively the object of the obligation have been
lost, or the compliance of the obligation has become impossible.
8. The indemnity small be fixed taking as a basis the value of the last thing which disappeared,
or that of the service which last became impossible.
9. Damages other than the value of the last thing or service may not be awarded in in
alternative obligations.
10. The loss or deterioration of the thing intended as a substitute, through the negligence of -
the obligor, does not render him liable. But once the substitution has been made, the obligor
is liable for the loss of the substitute on account of his delay, negligence or fraud.
FILL-IN the blanks.
When the choice has been expressly given to the creditor, the obligation shall rease to be
alternative from the day when the selection has been communicated to the debtor. Until then
the responsibility of the debtor shall be governed by the following rules:
(1) If one of the things is lost through a 11 _____________ event, he shall perform the obligation
by delivering that which the creditor should choose from among the remainder, or that which
remains if only one subsists:
(2)If the loss of one of the things occurs through the fault of the 12. _____________other
may claim any of those subsisting; or the price of that which, through the fault of the former, has
disappeared, with a right to damages;
(3)If all the things are lost through the fault of the debtor, the choice by the creditor shall fall
upon the price of any one of them, also with indemnity for 13. _____________
The same rules shall be applied to obligations to do or not to do prestations should become 14.
_____________
15. When only one prestation has been agreed upon, but the obligor may render another in
substitution, the obligation is called _____________

Art. 1207-1222 Codal


True or False
1. The concurrence of two or more creditors or of two or more debtors in one and the same
obligation does not imply that each one of the former has a rignt to demand, or that each
one of the latter is bound render, entire compliance with the prestation.
2. There is a joint liability only when the obligation expressly so states, or when the law or
then of the obligation requires solidarity
3. If from the law, or the nature or the wording of the obligations appears to be joint
obligation, the credit or debt shall be presumed to be divided into as many shares as
there are creditors or debtors, the credits or debts being considered distinct from one
another, subject to the Rules of Court governing the multiplicity of suits.
4. If the division of credit or debt is impossible, the right of the creditors may be prejudiced
only by their collective acts, and the debt can be enforced only by proceeding against all
the debtors.
5. In solidary obligation, If one of the debtors become insolvent, the others shall not be
liable for his share.
6. The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does
solidarity or itself imply indivisibility.
7. Solidarity may not exist when the creditors and the debtors may not be bound in the
same manner and by the same periods and conditions
8. Each one of the solidary creditors may do whatever may be useful to the others, but not
anything which may be prejudicial to the latter.
9. Solidary creditor can assign his rights without the consent of the others.
10. The debtor may pay any one of the solidary creditors; but if any demand, judicial or
extrajudicial, has been made by one of them, payment should be made to him
11. The creditor who may have executed Novation, compensation, confusion or remission of
the debt, as well as he who collects the debt, shall not be liable to the others for the
share in the obligation corresponding to them.
12. The creditor may proceed against any one of the solidary debtors or some or all of
them simultaneously.
13. The demand made against one of the solidary debtors shall be an obstacle to those which
may subsequently be directed against the others, so long as the debt has not been fully
collected.
14. Payment made by one of the solidary debtors extinguishes the obligation.
15. A solidary debtor who made the payment may claim from his co-debtors only the share
which corresponds to each, with the interest for the payment already made.
16. When one of the solidary debtors cannot, because of his insolvency, reimburse his share
to the debtor paying the obligation, such share shall be borne by all his co-debtors, in
proportion to the debt of each. .
17. Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors
if such payment is made after the obligation has prescribed or become illegal.
18. The remission made by the creditor of the share which affects one of the solidary debtors
releases the latter from his responsibility towards the co-debtors, in case the debt had
been totally paid by anyone of them before the remission was effected.
19. The remission of the whole obligation, obtained by one of the solidary debtors, does not
entitle him to reimbursement from his co-debtors
20. If the thing has been lost or if the prestation has become impossible without the fault of
the solidary debtors, the obligation shall be extinguished.
21. There was fault on the part of any one of them, all shall be responsible to the creditor,
for the price and the payment of damages and interest, with prejudice to their action
against the guilty or negligent debtor.
22. A solidary debtor may in actions filed by the creditor, avail himself of all defenses which
are from the nature of the obligation and of those which are personal to him, or pertain
to his own share.

Art. 1207-1222
A. Kinds of Obligation according to "Number of Parties”.
1. ________________________________________________________________
2. ________________________________________________________________

B. Kinds of Solidarity according to "Parties Bound".


1. ________________________________________________________________
2. ________________________________________________________________
3. ________________________________________________________________

C. Kinds of Solidarity according to “Source”.


1. _______________________________________________________________
2. ________________________________________________________________
3. ________________________________________________________________

D. In what instances does solidarity exists?


1. ________________________________________________________________
2. ________________________________________________________________
3. ________________________________________________________________

E. Distinguish Indivisibility from Solidarity.

Indivisibility Solidarity
A. Refers to
___________
B. Liable for damages

C. No. of debtors and


creditors
A. Explain "Joint Indivisible Obligation".
1. ________________________________________________________________________
________________________________________________________________________
B. Kinds of Solidarity according to "Legal Tie".
1. ____________________-___________________________________________________
2. ____________________-___________________________________________________
C. Explain Prescription.
1. ________________________________________________________________________
________________________________________________________________________
D. Defenses available to Solidarity Debtor
1. ________________________________________________________________________
2. ________________________________________________________________________
3. ________________________________________________________________________

E. In what instances does solidarity exists?


1. ________________________________________________________________________
2. ________________________________________________________________________
3. ________________________________________________________________________

.
..

F. Distinguish Indivisibility from Solidarity.

Indivisibility Solidarity
A. Refers to
___________
B. Liable for damages

C. No. of debtors and


creditors

D. Liability in other
debtors in case of
insolvency of one
debtor

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