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Oblicon Quiz 5
| Question | Answer |
|---|---|
| ARTICLE 1169. Those obliged to deliver or to do something incur in delay from the time the obligee _______ or ________ demands from them the fulfillment of their obligation. | ARTICLE 1169. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. |
| ARTICLE 1176, part 1. The receipt of the principal by the creditor, ________ _______ with respect to the ________, shall give rise to the presumption that said ________ has been ________. | ARTICLE 1176, part 1. 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. |
| ARTICLE 1176, part 2. The receipt of a _________ ________ of a debt ________ ________ as to prior _________, shall likewise raise the ________ that such installments have been _______. | ARTICLE 1176, part 2. The receipt of a later installment of a debt without reservation as to prior installments, shall likewise raise the presumption that such installments have been paid. |
| ARTICLE 1214. The debtor may pay any ______ of the _______ _______; but if any _______, judicial or extrajudicial, has been made by ______ of ______, ______ should be ______ to ______. | ARTICLE 1214. 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. |
| ARTICLE 1223. The _________ or indivisibility of the things that are the object of obligations in which there is only one debtor and only one creditor does not _______ or _______ the provisions of Chapter 2 of this Title. | ARTICLE 1223. The divisibility or indivisibility of the things that are the object of obligations in which there is only one debtor and only one creditor does not alter or modify the provisions of Chapter 2 of this Title. |
| ARTICLE 1224, part 1. A joint indivisible obligation gives rise to ________ for damages from the time ________ of the debtors ______ _______ _______ with his __________. | ARTICLE 1224, part 1. A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking. |
| ARTICLE 1224, part 2. The debtors who may have been ready to _______ _________ _______ shall not _______ to the indemnity beyond the ________ _______ of the ______ of the thing or of the ______of the service in which the obligation consists. | ARTICLE 1224, part 2. The debtors who may have been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price of the thing or of the value of the service in which the obligation consists. |
| ARTICLE 1225, part 1. For the purposes of the preceding articles, obligations to give ______ _______ and those which are not susceptible of ______ _______ shall be deemed to be indivisible. | ARTICLE 1225, part 1. For the purposes of the preceding articles, obligations to give definite things and those which are not susceptible of partial performance shall be deemed to be indivisible. |
| ARTICLE 1225, part 2. When the obligation has for its object the execution of a certain ______ of ______ of ______, | ARTICLE 1225, part 2. When the obligation has for its object the execution of a certain number of days of work, |
| ARTICLE 1225, part 3. xxx, the accomplishment of work by _____ ______, or ______ _______ which by their nature are susceptible of _______ ______, it shall be divisible. | ARTICLE 1225, part 3. xxx, the accomplishment of work by metrical units, or analogous things which by their nature are susceptible of partial performance, it shall be divisible. |
| ARTICLE 1225, part 4. However, even though the object or service may be _______ _______, an obligation is indivisible if so provided by _______or _____ by the _______. | ARTICLE 1225, part 4. However, even though the object or service may be physically divisible, an obligation is indivisible if so provided by law or intended by the parties. |
| ARTICLE 1225, part 5. In obligations _____ ______ _____, ______ or indivisibility shall be determined by the ______ of the ______ in each particular ______. | ARTICLE 1225, part 5. In obligations not to do, divisibility or indivisibility shall be determined by the character of the prestation in each particular case. |
| ARTICLE 1226, part 1. In obligations with a penal clause, the penalty shall _______ the _______ for ______ and the _______ of _______ in case of noncompliance, if there is no _______ to the _______. | ARTICLE 1226, part 1. In obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interests in case of noncompliance, if there is no stipulation to the contrary. |
| ARTICLE 1226, part 2. Nevertheless, damages shall be paid if the ______ refuses to _____ the ______ or is guilty of ______ in the _______ of the obligation. | ARTICLE 1226, part 2. Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation. |
| ARTICLE 1226, part 3. The penalty may be enforced only when it is demandable in accordance with the provisions of this Code. | ARTICLE 1226, part 3. The penalty may be enforced only when it is demandable in accordance with the provisions of this Code. |
| ARTICLE 1227, part 1. The debtor cannot exempt himself from the _________ of the ______ by ________ the ________, save in the case where this right has been _______ ________ for him. | ARTICLE 1227, part 1. The debtor cannot exempt himself from the performance of the obligation by paying the penalty, save in the case where this right has been expressly reserved for him. |
| ARTICLE 1227, part.2 Neither can the creditor _______ the _______ of the obligation and the _______ of the penalty at the ______ ________, unless this right has been clearly granted him. | ARTICLE 1227, part.2 Neither can the creditor demand the fulfillment of the obligation and the satisfaction of the penalty at the same time, unless this right has been clearly granted him. |
| ARTICLE 1227, part. 3 However, if after the creditor has decided to require the _______ of the _______, the ______ thereof should become _______ without his ________, the _______ may be _______. | ARTICLE 1227, part. 3 However, if after the creditor has decided to require the fulfillment of the obligation, the performance thereof should become impossible without his fault, the penalty may be enforced. |
| ARTICLE 1229, part 1. The judge shall equitably ________ the penalty when the principal obligation has been ______ or ______ _____ with by the debtor. | ARTICLE 1229, part 1. The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly complied with by the debtor. |
| ARTICLE 1229, part 2. Even if there has been ____ performance, the penalty may also be reduced by the courts if it is ______ or ______. | ARTICLE 1229, part 2. Even if there has been no performance, the penalty may also be reduced by the courts if it is iniquitous or unconscionable. |
| ARTICLE 1230. The ______ of the penal clause does not carry with it that of the _______ ________. The ________ of the ________ ________ carries with it that of the penal clause. | ARTICLE 1230. The nullity of the penal clause does not carry with it that of the principal obligation. The nullity of the principal obligation carries with it that of the penal clause. |
| ARTICLE 1231, part 1. Obligations are extinguished: (1) By payment or ______; (2) By the _____ of the thing due; (3) By the ______ or _______ of the debt; (4) By the _______ or ______ of the rights of creditor and debtor; | ARTICLE 1231, part 1. Obligations are extinguished: (1) By payment or performance; (2) By the loss of the thing due; (3) By the condonation or remission of the debt; (4) By the confusion or merger of the rights of creditor and debtor; |
| ARTICLE 1231, part 2. xxx: (5) By ______; (6) By ______. Other causes of extinguishment of obligations, such as annulment, rescission, fulfillment of a resolutory condition, and prescription, are governed elsewhere in this Code. | ARTICLE 1231, part 2. xxx: (5) By compensation; (6) By novation. Other causes of extinguishment of obligations, such as annulment, rescission, fulfillment of a resolutory condition, and prescription, are governed elsewhere in this Code. |
| ARTICLE 1232. Payment means not only the ______ of ______ but also the _______, in any other ______, of an obligation. | ARTICLE 1232. Payment means not only the delivery of money but also the performance, in any other manner, of an obligation. |
| ARTICLE 1233. A debt shall not be understood to have been ______ unless the ______ or _______ in which the obligation consists has been _______ ________ or _______, as the case may be. | ARTICLE 1233. A debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered, as the case may be. |
| ARTICLE 1234. If the obligation has been substantially performed in ______ _______, the obligor may _______ as though there had been a _____ and ______ ______, _____ ______ suffered by the obligee. | ARTICLE 1234. If the obligation has been substantially performed in good faith, the obligor may recover as though there had been a strict and complete fulfillment, less damages suffered by the obligee. |
| ARTICLE 1235. When the obligee accepts the performance, knowing its ________ or _______, and ______ _______ any ______ or ______, the obligation is deemed ________ ________ _______. | ARTICLE 1235. When the obligee accepts the performance, knowing its incompleteness or irregularity, and without expressing any protest or objection, the obligation is deemed fully complied with. |
| ARTICLE 1236, par. 2. Whoever pays for another may demand from the debtor what he has paid, except that if he paid without the ______ or _______ the _____ of the debtor, he can recover only _____ as the ______ has been _____ to the _______. | ARTICLE 1236, par. 2. Whoever pays for another may demand from the debtor what he has paid, except that if he paid without the knowledge or against the will of the debtor, he can recover only insofar as the payment has been beneficial to the debtor. |
| ARTICLE 1237. Whoever pays on behalf of the debtor ______the ______ or ______ the ______ of the latter, cannot compel the creditor to ________ him in his rights, such as those arising from a _______, _______, or ______. | ARTICLE 1237. Whoever pays on behalf of the debtor without the knowledge or against the will of the latter, cannot compel the creditor to subrogate him in his rights, such as those arising from a mortgage, guaranty, or penalty. |
| ARTICLE 1238. Payment made by a third person who _____ ______ ______ to be _______ by the debtor is deemed to be a _______, which requires the debtor's _____. But the payment is in any case valid as to the ______ who has ______ it. | ARTICLE 1238. Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a donation, which requires the debtor's consent. But the payment is in any case valid as to the creditor who has accepted it. |
| ARTICLE 1239. In obligations to give, payment made by one who does not have the ______ _______ of the thing due and _______ to ______ it shall not be ______, without prejudice to the provisions of article 1427 under the Title on "Natural Obligations." | ARTICLE 1239. In obligations to give, payment made by one who does not have the free disposal of the thing due and capacity to alienate it shall not be valid, without prejudice to the provisions of article 1427 under the Title on "Natural Obligations." |
| ARTICLE 1240. Payment shall be made to the _______ _______ ______ ______ the obligation has been ________, or his ________ in interest, or any person ________ to _______ it. | ARTICLE 1240. Payment shall be made to the person in whose favor the obligation has been constituted, or his successor in interest, or any person authorized to receive it. |
| ARTICLE 1241, part 1. Payment to a person who is _______to _______ his _______ shall be valid if he has kept the thing delivered, or insofar as the payment has been ______ to him. | ARTICLE 1241, part 1. Payment to a person who is incapacitated to administer his property shall be valid if he has kept the thing delivered, or insofar as the payment has been beneficial to him. |
| ARTICLE 1241, part 2. xxx. Payment made to a ______ ________ shall also be valid insofar as it has _____ to the _____ of the ______. Such benefit to the creditor need not be proved in the following cases: | ARTICLE 1241, part 2. xxx. 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 cases: |
| ARTICLE 1241, part 3. xxx: (1) If after the payment, the third person _______ the ______ ______; (2) If the creditor ______ the payment to the third person; | ARTICLE 1241, part 3. xxx: (1) If after the payment, the third person acquires the creditor's rights; (2) If the creditor ratifies the payment to the third person; |
| ARTICLE 1241, part 4. xxx: (3) If by the creditor's _______, the debtor has been _____ to ______ that the third person had _______ to _______ the payment. | ARTICLE 1241, part 4. xxx: (3) If by the creditor's conduct, the debtor has been led to believe that the third person had authority to receive the payment. |
| ARTICLE 1242. Payment made in ______ _______ to any person ______ ________ of the credit shall release the debtor. | ARTICLE 1242. Payment made in good faith to any person in possession of the credit shall release the debtor. |
| ARTICLE 1244, part 1. The debtor of a thing cannot ______ the ______ to receive a ______ _______, although the latter may be of the same ______ as, or ______ _______ than that which is due. | ARTICLE 1244, part 1. 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. |
| ARTICLE 1244, part 2. In obligations to do or not to do, an act or forbearance cannot be ______ by ______ act or forbearance against the _____ will. | ARTICLE 1244, part 2. In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the obligee's will. |
| ARTICLE 1246, part 1. When the obligation consists in the delivery of an ______ or ______ thing, whose _______ and ______ have ______ been ______, the creditor cannot demand a thing of _______ _______. | ARTICLE 1246, part 1. When the obligation consists in the delivery of an indeterminate or generic thing, whose quality and circumstances have not been stated, the creditor cannot demand a thing of superior quality. |
| ARTICLE 1246, part 2. Neither can the debtor deliver a thing of ______ ______. The purpose of the obligation and other circumstances shall be taken into consideration. | ARTICLE 1246, part 2. Neither can the debtor deliver a thing of inferior quality. The purpose of the obligation and other circumstances shall be taken into consideration. |
| ARTICLE 1247. Unless it is otherwise stipulated, the ______ expenses required by the ______ shall be for the account of the _____. With regard to ______ _______, the Rules of Court shall govern. | ARTICLE 1247. Unless it is otherwise stipulated, the extrajudicial expenses required by the payment shall be for the account of the debtor. With regard to judicial costs, the Rules of Court shall govern. |
| ARTICLE 1248, part 1. Unless there is an express stipulation to that effect, the creditor cannot be compelled _______ to _____ the ______ in which the obligation consists. Neither may the debtor be _______ to ______ ______ ______. | ARTICLE 1248, part 1. Unless there is an express stipulation to that effect, the creditor cannot be compelled partially to receive the prestations in which the obligation consists. Neither may the debtor be required to make partial payments. |
| ARTICLE 1248, part 2. However, when the debt is_____ ______ ______ and_____ ______ _____, the creditor may demand and the debtor may effect the payment of the former without waiting for the _______ of the latter. | ARTICLE 1248, part 2. However, when the debt is in part liquidated and in part unliquidated, the creditor may demand and the debtor may effect the payment of the former without waiting for the liquidation of the latter. |
| ARTICLE 1249, part 1. The payment of debts in money shall be made in the currency ______, and if it is not possible to deliver such currency, then in the currency which is ______ ______ in the Philippines. | ARTICLE 1249, part 1. The payment of debts in money shall be made in the currency stipulated, and if it is not possible to deliver such currency, then in the currency which is legal tender in the Philippines. |
| ARTICLE 1249, part 2. The delivery of ______ _______ payable to order, or ______ of ______ or other ______ ______ xxx | ARTICLE 1249, part 2. The delivery of promissory notes payable to order, or bills of exchange or other mercantile documents xxx |
| ARTICLE 1249, part 3. xxx shall produce the effect of payment only when they have been _______, or when through the ______ of the ______ they have been ______. | ARTICLE 1249, part 3. xxx shall produce the effect of payment only when they have been cashed, or when through the fault of the creditor they have been impaired. |
| ARTICLE 1249, part 4. In the meantime, the action derived from the original obligation shall be held in abeyance. | ARTICLE 1249, part 4. In the meantime, the action derived from the original obligation shall be held in abeyance. |
| ARTICLE 1250, part 1. In case an _______ ________ or ______ of the currency stipulated should supervene, xxx. | ARTICLE 1250, part 1. In case an extraordinary inflation or deflation of the currency stipulated should supervene, xxx. |
| ARTICLE 1250, part 2. xxx, the value of the currency at the ______ of the ______ of the ______ shall be the basis of payment, unless there is an ________ to the ________. | ARTICLE 1250, part 2. xxx, the value of the currency at the time of the establishment of the obligation shall be the basis of payment, unless there is an agreement to the contrary. |
| ARTICLE 1251, part 1. Payment shall be made in the _____ designated in the obligation. | ARTICLE 1251, part 1. Payment shall be made in the place designated in the obligation. |
| ARTICLE 1251, part 2 . There being no express stipulation and if the undertaking is to deliver a ______ ________, the payment shall be made ______ the thing ______ _______ at the ______ the ______ was _______. | ARTICLE 1251, part 2 . 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. |
| ARTICLE 1251, part 3. In any other case the place of payment shall be the ______ of the ______. If the ______ changes his ______ in ______ ______ or after he has incurred in delay, the _______ ________ shall be borne by him. | ARTICLE 1251, part 3. In any other case the place of payment shall be the domicile of the debtor. If the debtor changes his domicile in bad faith or after he has incurred in delay, the additional expenses shall be borne by him. |
| ARTICLE 1251, part 4. These provisions are without prejudice to venue under the Rules of Court. | ARTICLE 1251, part 4. These provisions are without prejudice to venue under the Rules of Court. |
| ARTICLE 1253. If the debt produces ______, _____ of the _____ shall not be deemed to have been made until the ______ have been ______. | ARTICLE 1253. If the debt produces interest, payment of the principal shall not be deemed to have been made until the interests have been covered. |
| ARTICLE 1302. It is presumed that there is legal subrogation: (2) When a third person, ______ _______ in the obligation, pays with the ______ or ______ ________ of the debtor; | ARTICLE 1302. It is presumed that there is legal subrogation: (2) When a third person, not interested in the obligation, pays with the express or tacit approval of the debtor; |
| ARTICLE 1302. It is presumed that there is legal subrogation: (3) When, even without the ______ of the debtor, a person _______ in the ______ of the obligation pays, without prejudice to the effects of confusion as to the latter's share. | ARTICLE 1302. It is presumed that there is legal subrogation: (3) When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter's share. |
| ARTICLE 1427, part 1. When a minor between eighteen and twenty-one years of age, who has entered into a contract without the consent of the parent or guardian, ______ ______ a _____ of _____ or delivers a _____ thing in ______ of the obligation, | ARTICLE 1427, part 1. When a minor between eighteen and twenty-one years of age, who has entered into a contract without the consent of the parent or guardian, voluntarily pays a sum of money or delivers a fungible thing in fulfillment of the obligation, |
| ARTICLE 1427, part 2. xxx, there shall be no right to _____ the same from the obligee who has ______ or ______ it in ______ _______. | ARTICLE 1427, part 2. xxx, there shall be no right to recover the same from the obligee who has spent or consumed it in good faith. |
| ARTICLE 1956. No interest shall be due unless it has been ________ _________ ________ __________. | ARTICLE 1956. No interest shall be due unless it has been expressly stipulated in writing. |
| ARTICLE 1236. The creditor is not bound to accept ________ or _______ by a ______ _______ who has _____ _______ in the fulfillment of the obligation, unless there is a stipulation to the contrary. | ARTICLE 1236. The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary. |
Created by:
carmi.veloza
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