DE LA SALLE LIPA College of Business, Economics, Accountancy and Management Accountancy Department Second Semester – A.Y. 2012-2013 Accounting Review 2 Quiz I – Obligation Name:____________________________________________________________________Date:___________________________ _ Section:__________________________________________________________________Score:___________________________ Direction: Read and solve the following problems. Write the letter of your best answer on the space provided before each number. Erasures are not allowed and considered wrong. ___1. In an obligation to give a determinate thing, what rights are available to the creditor? I. To compel specific performance. II. To recover damages in case of breach of the obligation. III. To ask that the obligation be complied with at the expense of the debtor. a. All statements are correct. c. Only the I answer is correct. b. Only the I and II statements are correct. d. All answers are wrong. ___2. Legal compensation is allowed when one of the debts a. Arises from a sale of real property by a minor to a capacitated person. b. Arises from the obligation of a depositary. c. Consists in civil liability arising from a penal offense. d. Arises from a claim for support by gratuitous title. ___3. JJ agreed to pay his debt and in case of non-payment, to render free service as a servant. Is the obligation valid? a. No, the obligation to pay and to render service as a servant is contrary to law and morals. b. Yes, if the services will be rendered in satisfaction of the debt and in case of non-performance, the proper remedy is specific performance. c. No, the nullity of the condition carries with it the nullity of the principal obligation. d. Yes, in so far as the obligation to pay but not as regards the undertaking to render domestic services for free. ___4. If an obligation is with a penal clause I. Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded. II. When the debtor is guilty in the fulfillment of the obligation, the creditor can demand damages and interest in addition to the penalty. a. False, False b. True, False c. True, True d. False, True ___5. A, B and C solidarily owe D and E P30,000. D remitted the entire obligation in favor of A without the consent of E. The effect is a. A cannot recover from B and C because remission in her favor extends to the benefit of B and C. b. A can recover from B and C their respective share of the debt. c. The obligation is not extinguished until A collects from B and C. d. The obligation is not yet extinguished until E is paid by D of her share of the credit. ___6. In quasi-delict, the liability of a person who is held liable for the faulty or negligence of another person who is under his care or responsibility shall cease if a. There was contributory negligence on the part of the person injured. b. He was not present at the time of the act, hence it was not possible to him to prevent the damage. c. He observed ordinary diligence to prevent the damage. d. He observed the diligence of a father of a good family. ___7. What is the effect of the loss of the prestations in alternative obligation where the right of choice belongs to the creditor and the loss is due to the fault of the debtor? I. If only one remains the obligation still subsists, but it ceases to be alternative as it becomes a simple obligation. II. If 2 or more objects remain, the obligation still subsists and the choice is limited to the remaining objects. III. If none remains, the obligation is extinguished because the debtor chose not to give anything. a. All statements are correct. c. Only one statement is correct. b. Statement I and II are correct. d. All statements are wrong. ___8. A, wife of B and daughter of C, while employed in a jewelry store owned by D embezzled P100,000 belonging to said jewelry store. In order to prevent criminal prosecution for estafa, B and C signed a document obligating themselves jointly and severally to pay D the amount embezzled plus interest, Because of their failure to comply with their promise, D brought an action against B and C. Will the action prosper? a. Yes, both knowingly and voluntarily agreed to assume the obligation of A. b. No, C should not have been included because A is no longer under his authority. c. Yes, but only in so far as B is concerned because husband and wife are required by law to support each other. d. No, it is considered contrary to public policy to allow parties to make an agreement designed to prevent prosecution of crimes. ___9. This obligation is demandable at once a. With a suspensive condition. c When my means permit me to do so. b. With a period in diem. d When it depends on the happening of a specified event.
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___10. A condition which if imposed on an obligation will be disregarded and will therefore make the obligation immediately demandable. a. If Lala kills Lele. c If Lolo commits suicide. b. If Lili passes the CPA board exam. d. If Lulu will not rise from the dead, ___11. If the law or contract does not state the diligence which is o be observed in the performance of an obligation, the obligor is expected to observe a. Ordinary diligence c. Diligence of a father of a good family b. Extraordinary diligence d. Utmost care ___12. Facultative distinguished from alternative obligation a. The right of choice is given only to the debtor. b. Various things are due, but the giving of one is sufficient. c. If one of the prestations is illegal, the others may be valid and the obligation remains. d. If it is impossible to give all except one, the last one must still be given. ___13. Within what period must recovery be made if the debtor did not know that payment was not yet due? a. Before maturity with regard to both what was paid and the interest. b. Even before maturity with regard to both the interest and what was paid. c. Before maturity with regard to what was paid and even after maturity with regard to the interest. d. Before maturity with regard to interest and even after the maturity with regard to what was paid. ___14. Which of the following is wrong in alternative obligation? a. The obligor shall completely perform one of them. b. The obligee cannot be compelled to receive part of one and part of the other undertaking. c. The right of choice belongs to the creditor unless it has been expressly granted to the debtor. d. The debtor shall have no right to choose those prestations which are impossible. ___15. Payment by cession as distinguished from dation in payment. a. The debtor is not necessarily in a state of financial difficulty b. The effect is to release the debtor for the net proceeds of the things ceded or assigned. c. The property is alienated by the debtor to the creditor in satisfaction of a debt in money. d. What is delivered by the debtor is merely a thing to be considered as the equivalent of the performance of the obligation. ___16. If a third person pays an obligation, what are the rights, which are available to him if he pays the obligation with the knowledge and consent of the debtor? I. He can recover from the debtor the entire amount which he has paid. II. He is subrogated to all of the rights of the creditor, a. True, True b. True, False c. False, True d. False, False ___17. I. The loss or deterioration of the thing intended as a substitute through the negligence of the obligor does not render him liable. II. A person alternatively bound by different prestations shall completely perform one of them. a. True, True b. True, False c. False, True d. False, False ___18. There being no express stipulation and if the undertaking is to deliver a determinate thing, the payment shall be made a. At the domicile of the debtor b. At the domicile of the creditor c. Wherever the thing might be at the moment the obligation is extinguished. d. Wherever the thing might be at the moment the obligation is fulfilled. ___19. The right of the creditor to exercise all the rights of the debtor to satisfy his claim, except rights which are inherent and personal to the debtor. a. Accion subrogatoria b. Accion redhibitoria c. Accion pauliana d. Accion quanti minoris ___20. A, B and C executed a promissory note binding themselves to pay P9,000 to X, Y and Z. The note is now due and demandable. Can the creditors proceed against A alone for the payment of the entire debt? a. No, each creditor can collect only P3,000 from A. b. Yes, either can X, Y or Z can collect only P3,000 from A. c. No, each creditor can collect only P1,000 from A. d. Yes, since the promissory note is silent with respect to the rights of the creditors, the obligation is presumed to be solidary. ___21. Using the data in number 20, suppose C is insolvent, can A and B be held liable for C’s share in the obligation? a. Yes, the debt shall be presumed to be divided into as many equal shares as there are debtors. b. Yes, but A and B will be liable proportionately. c. No, the debts are considered distinct from one another. d. No, only either A and B but not both will be liable. ___22. Using the data in number 20, suppose that the obligation was about to prescribe, but X wrote a letter to A demanding for payment of the entire debt. Will this have effect of interrupting the running of the period of prescription? a. Yes, because the demand made by X covers the entire debt and will therefore inure to the benefit of the other creditors. b. Yes, insofar as A is concerned but not with regard to B and C. c. No, because the demand should have been made to all the debtors. d. No, all the creditors should have made the demand. ___23. Using the data in number 20 and 22, and prescription sets in, how much can Y collect from A? a. P9,000 b. P3,000 c. P1,000 d. P0 ___24. Using the data in number 20 and 22, and prescription sets in, how much can X collect from A? a.P9,000 b. P3,000 c. P1,000 d. P0
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___25. Indivisibility as distinguished from solidarity. a. Plurality of subject is indivisible. b. When the obligation is converted into one of indemnity for damages because of breach, the character of the obligation remains. c. Refers to the legal tie or vinculum. d. Refers to the prestation which constitutes the object of the obligation. ___26. Culpa aquiliana as distinguished from culpa contractual. a. Proof of diligence in the selection and supervision of employees is not available as defense. b. Proof of the contract and its breach is sufficient prima facie to warrant recovery. c. The negligence of the defendant is merely an incident in the performance of the obligation. d. The source of liability is the defendant’s negligent act or omission itself. ___27. A passenger on a bus was hurt, but in a criminal case against the driver, said driver was acquitted. The victim now sues the owner of the truck for culpa contractual. May the suit still prosper? a. No, this will constitute double jeopardy. b. No, the acquittal means that the guilt of the accused was not proven by proof beyond reasonable doubt. c. Yes, it is sufficient form him to prove the existence of the contract of carriage and the injuries suffered. d. Yes, provided he can prove the negligence of the driver. ___28. A owes B P11,000 due on July 2,2011. B owes A P6,000 due on July 3,2011 and P4,000 due on July 10,2011.B owes C P11,000 due on July 3,2011.On July 3,2011 B cannot pay C so B assigns to C her credit of P11,000 against A, without the knowledge of A. On July 10,201, C tries to collect from A the P11,000. How much can C compel A to pay? a. P11,000 b. P9,000 c. P5,000 d. P1,000 ___29. A, B, C and D owe W, Y and Z P9,000. On maturity, how much can W collect from A if debtors are joint and creditors are joint? a. P2,250 b. P3,000 c.P9,000 d. P750 ___30. Using the same data in number 29 but assuming the debtors are joint and creditors solidary, how much can W collect from A? a. P9,000 b. P750 c.P3,000 d. P2,250 ___31. Using the same data in number 29 but assuming the debtors are solidary and creditors are joint, how much can W collect from A? a. P750 b. P2,250 c.P9,000 d. P3,000 ___32. Using the same data in number 29 but the share of debtors A, B, C and D in the indebtedness is 1:2:3:4 and creditors W, Y and Z is 2:3:5. How much can Y collect from B if debtors are joint and creditors are joint? a. P1,800 b.P2,700 c.P675 d. P540 ___33. Using the same data in number 29 but the share of debtors A, B, C and D in the indebtedness is 1:2:3:4 and creditors W, Y and Z is 2:3:5. How much can Z collect from D if debtors are solidary and creditors are joint? a. P1,800 b. P1,125 c. P3,600 d. P4,500 ___34. Using the same data in number 29 but the share of debtors A, B, C and D in the indebtedness is 1:2:3:4 and creditors W, Y and Z is 2:3:5. How much should A pay W if debtors are joint and creditors are solidary? a. P180 b. P9,000 c. P2,250 d. P900 ___35. A was employed as professional driver of B Transit Bus owned by C. In the course of his work, A hit a pedestrian who was seriously injured and later died in the hospital as a result of the accident. The victim’s heir sued the driver and the owner of the bus for damages. Which of the following statements is not correct? a. There is a presumption of the negligence on the part of the employer C if a passenger is injured. b. The conviction of A in a criminal case makes C liable for damages arising from the criminal act. c. The presumption that C is negligent is rebuttable by proof of observance of ordinary diligence. d. The liability of C shall cease when he proves that he observed ordinary diligence to prevent damage to passners and pedestrians ___36. A borrowed P10,000 from B on December 25,2010. The debt is evidenced by a promissory note executed by A wherein she promised to pay as soon as she has the money or as soon as possible. B made several demands upon A for payment. The first, oral demand was made on May 2,2011 and the last written demand was dated September 25,2011 but up to now, there is no payment of the debt. B sued A, will the case prosper? a. Yes, A is in default since May 2,2011. b. Yes, A is in default since September 25,2011. c. No, the obligation is subject to a suspensive condition. d. No, the obligation is one with a period and the period has not arrived yet. ___37. I. In a natural obligation, the creditor has the right to enforce the performance thereof it being based on positive law. II. Solution indebity and negotiorium gestio are quasi contracts that give rise to civil obligations. a. False, False b. False, True c. True, True d. True, False ___38.I. If the obligation is solidary, it means there is mutual guaranty among the debtors and therefore the insolvency of one is shouldered by the others. II. Solidarity may exist although the debtor may not be bound by the same term, condition and manner of performance. a. False, False b. True, True c. False, True d. True, False ___39. I. In tender of payment and consignation, the refusal without valid reason of the creditor to accept the payment of the debtor will immediately extinguish the obligation. II. The third person who paid the obligation without the knowledge or against the will of the debtor is still entitled to reimbursement from the debtor to the extent of the latter’s benefit. a. False, False b. True, True c. False, True d. True, False
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___40. I. Obligations arising from law are presumed except those found in the Civil Code or in special laws. II. Obligations arising from contracts have the force of law between contracting parties and should be complied with in good faith. a. True, True b. False, True c. True, False d. False, False ___41. Which of the following is not a civil liability arising from delict? a. Indemnification for consequential damages c. Reparation b. Rescission d. Restitution ___42. It refers to a quasi-contract arising out of payment by mistake or undue performance of an obligation. a. Solutio Indebiti b. Negoriorium Gestio c.Culpa Aquiliana d. Mora Acipiendi ___43. I. In quasi-contract, there is no concent of the parties thus preventing a meeting of minds between them. II. In quasi-delict, there is no intention on the part of a person doing a wrongful act or omission causing damage to another. a.False, True b. True, False c. True, True d. False, False ___44. I. The creditor acquires a real right against over the fruits of the thing to be delivered from the time the thing should have been delivered. II. The fruits of the thing pertains to the creditor from the time the obligation is perfected. a. False, False b. True, True c. False, True d. True, False ___45. I. In the obligation to deliver a thing, the debtor has to deliver also the accessories and accessions only if they have been mentioned. II. In obligation to do, specific performance of the debtor’s obligation is not available as a right of the creditor to demand from the obligor. a. False, True b. True, False c. True, True d. False, False ___46. Which of the following is demand necessary to make the debtor in delay in the performance of his obligation? a. When the time of the performance is of the essence. c When the law so provides. b. When the time of performance has been stipulated. D. When demand would be useless. ___47. Liability for damages in the performance of an obligation arises from the following, except a. Negligence b. Acts punished by law c. Delay d. Fraud ___48. I. Liability from damages arising from fraud is demandable and there can be waiver of action for future fraud. II. There can be waiver of an action for future simple negligence and past fraud. a. False, False b. True, True c. False, True d. True, False ___49.In which of the following is the debtor still liable despite the fortuitous event causing the loss of the thing? a. The thing lost is a specific thing. b. The performance of the obligation has become impossible. c. The nature of the obligation does not require assumption of risk. d. The thing is lost after the debtor incurs delay. ___50. D borrowed from C a sum of money with a stipulated rate of interest to be paid in three equal monthly installments from January to March. D paid an amount for which the latter issued a receipt stating that the payment is for the month of February. In this case: a. The installment for the month of March is also considered paid. b. The installment for the month of January is conclusive presumed to have been made. c. The installment for the month of January is prima facie presumed paid. d. The installment for the month of January is not presumed paid. ___51. The following are the rights of the creditor against the debtor who fails to pay his debt, except a. Attachment of the debtor’s properties garnishment of bank deposit after filing of collection case. b. Subrogation to the rights of the debtor against third persons. c. Rescission of contracts entered into by the debtor to defraud the creditor. d. Send the debtor to jail for non-payment of debt. ___52. D borrowed a sum of money from C promising to pay after the arrival of the vessel “Bali” from Cebu. The vessel failed to arrive due to some fortuitous event and without the fault of D. D’s obligation is subject to a a. Suspensive condition and therefore not demandable since the vessel did not arrive. b. Not a condition nor a period but rather is pure obligation and therefore is demandable at once. c. Resolutory condition and therefore extinguished upon the failure of the vessel to arrive. d. Period which the court may fix. ___53. I. Impossible, unlawful, immoral conditions are not valid and not demandable, except the obligations which depend upon them. II. Potestative condition to be void must be both suspensive and dependent solely on debtor’s will. a. True, True b. False, False c. False, True d. True, False ___54. Payment made to a third person is valid to extinguish the obligation of the debtor to the creditor in the following cases, except a. After payment to the creditor, the third person acquires the creditor’s right. b. When the creditor ratifies the payment to the third person. c. When through the creditor’s conduct, the debtor was led to believe that the third person has authority to receive payment. d. When the third person is subrogated to the rights of the creditor. ___55. The following are special forms of payment, except a. Dation in payment c. Payment by cession b. Tender of payment and consignation d. Compensation ___56. I. In application of payment, the creditor as a rule shall decide on what debt shall the payment be applied. II. if the period is for the benefit of the debtor, he can apply the payment on a debt although not yet due. a. False, False b. True, True c. False, True d. True, True
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___57. I. In dation in payment, the creditor becomes the owner of the thing alienated as payment while in payment by cession, the creditors do not become owners of the properties of the debtor assigned. II. In tender of payment and consignation, tender of payment by itself shall not extinguish the obligation. a. True, True b. False, False c. True, False d. False, True ___58. Novation of an obligation takes place in three of the following, except a. Delegacion b. Expromision c. Subrogation d. Assignment ___59. Legal compensation shall exist if the following requisites are present, except a. Both debts are due. b. Each one of the obliges be the principal creditors of the other and he be at the same the principal debtor of the other. c. Both debts must be unliquidated and demandable. d. Both debts must consist in a sum of money or if consumables as of the same kind and quality as stated. ___60. Which of the examples given below can compensation take place? a. A owes B P1,000 due on June 30, 1993. B owes A P1,000 due on June 30,1993 but C has filed an adverse claim against A. b. A owes B P1,000 payable October 31,1993. B owes A P1,000 due on October 31,1993. c. A owes B P1,000 with C as guarantor. B owes C P1,000. d. A owes B P1,000 payable May 31,1993. B to deliver to A 2 piculs of sugar worth P1,000 on May 31, 1993. ___61. On August 1, 2010, A obliged himself to give his only dog to B if B will pass the October 2010 CPA Board Exam. If the CPA examination was held on October 10, 11, 17 and 18 and the results were released on October 19,2010 and B passed and took his oath on November 20,2010. When is B entitled to the dog? a. August 1,2010 b. October 18,2010 c. October 19,2010 d. November 20,2010 ___62. Which of the following statements pertains to “Industrial Fruit”? a. It refers to the spontaneous products of the soil and the offspring and other products of animal. b. It refers to the products of the soil through cultivation or intervention of human labor. c. it refers to fruits arising from contracts. d. It refers to fruits arising from criminal act. ___63. A is obliged to give B 10 kilos of sugar, which of the following is not correct? a. B can demand that A obtain the sugar and deliver to him. b. B can just buy 10 kilos of sugar and charge the expenses to A. c. A can insist on just paying B damages or the monetary value of the sugar. d. B may require another person to deliver the sugar and charge the expenses to A. ___64. A owes two debts both of which are already due. The first debt is secured by a mortgage while the second is not. A tells B that the payment he is now making should be applied to the second debt instead of the first. Which is correct? a. B may refuse such application on the ground that the first debt is more burdensome to the debtor. b. B may refuse such application because the payment shall be made proportionately. c. B cannot refuse the application because the preference of the debtor must be followed. d. B cannot refuse the application if the first debt is older than the second. ___65. I. A has a P10,000 savings deposit with XYZ Bank. One day A borrowed P2,000 from the bank. On maturity of the loan, without seeking permission from A, the bank subtracted the P2,000 from A’s account. Is the bank action’s proper? II. A asked B to keep P10,000 for him. Later, A borrowed P4,000 from B. When A asked for the return of his money, B gives him only P6,000 alleging partial compensation. Is B correct? a. Yes, Yes b. No, Yes c. Yes, No d. No, No ___66. A owes B P10,000 with C as a guarantor. A paid P4,000 leaving P6,000 unpaid balance. D without the knowledge of A, paid B the sum of P10,000. As a result of this payment a. The obligation is not extinguished as the payment is without the consent of A. b. The obligation is extinguished but D cannot recover from A instead he should go after the guarantor. c. The obligation is extinguished but D can recover only P6,000 from A and if A cannot pay, D should demand from C. d. The obligation is extinguished but D cannot recover P10,000 but only P6,000 from A and if A cannot pay, he cannot go after C. ___67. A obliged himself to give B a specific car on June 12,2010 stipulating that A is liable even if the thing is lost due to fortuitous event and without the need of a demand. On due date, the car got lost due to fortuitous event. Which is correct? a. Obligation is extinguished due to fortuitous event. b. B can compel A to deliver another car. c. B can require another person to deliver a car with expenses chargeable to A. d. Obligation is not extinguished but converted into monetary consideration. ___68. A and B entered into a contract whereby A was to give B P200,000. Later, they novated the contract by stipulating that instead of cash A would give a particular car. Subsequently the car was destroyed by a fortuitous event. Which is correct? a. Novation is not allowed because the things due are not of the same kind. b. A is liable to pay P200,000 the amount of old obligation. c. The original obligation is extinguished but not the obligation to deliver the car. d. The original obligation and the obligation to deliver car are both extinguished. ___69. A makes a promissory note payable to B. B indorsed the note to C who then indorsed it to D. Eventually, D indorsed the note to A. The obligation of A is extinguished by a. Merger b. Compensation c. Novation d. Prescription ___70. A owes B P10,000. With the consent of A and B, C pays B P5,000. Now B and C are the creditors of A to the amount of P5,000 each. Suppose A has only P5,000. Which is correct?
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a. B should be preferred. b. A should be preferred.
c. B and C should be paid pro rata. d. A may choose whom to pay..
___71. A is the owner of shares of stock of ABC Company amounting to P100,000. Later, A borrowed from the bank amounting to P90,000 with interest thereon at 6% per annum. The debt was to be paid in installments. One of the conditions of the contract is that in case of the debtor’s fault in the payment of any of the installment as they become due, the entire amount or the unpaid balance therefore will become due and payable on demand. The defendant A defaulted in the payment of several installments and plaintiff bank brought this action to recover the unpaid balances. A pleaded compensation. Which is correct? a. A is allowed to avail of compensation. b. There can be no compensation because A and ABC are not debtors and creditors of each other. c. Compensation is allowed only up to P90,000 plus interest. d. Compensation is allowed only up to P90,000 without interest. ___72. A and B are jointly liable to deliver a particular car valued at P200,000 on July 1,2011. Which is correct? a. The prestation is indivisible making the liability of A and B solidary. b. If on July 1,201, A is willing to deliver the car but B is not, C may enforce the obligation against A. c. A is liable for proportionate part of the obligation and will be liable also for damages if B is not ready to comply with his obligation even if A is wiling to deliver the car. d. The liability of A and B is joint and that damages may be assessed only against the debtor who violated the obligation. ___73. The debtor shall lose every right to make use of the period, except a. When after the obligation has been contracted, he becomes insolvent, unless he gives a guaranty or security of the debt. b. When he does not furnish to the creditor the guaranties and securities which he has promised. c. When through fortuitous events or by his own acts the guaranties or securities have been impaired, unless he immediately gives new ones equally satisfactory. d. When the debtor violates any undertaking in consideration for which the creditor agreed to the period. ___74. A is indebted to solidary creditor B, C and D for P90,000. Without the knowledge of B and C, D remitted the obligation of A. As a result a. The obligation of A to pay P90,000 is extinguished. b. The obligation is not extinguished because there is no consent from B and C. c. The obligation is extinguished only up to P30,000. d. The obligation is extinguished only up to P60,000. ___75. D obliged himself to give 5 grams of shabu to C. Later, the parties agreed that D would instead give C 5 sacks of rice. Which of the following statements is correct? a. The novation is void because the original obligation is void. Hence, C cannot demand the delivery of 5 sacks of rice from D. b. The novation is vald because the new obligation is valid. Hence, C an demand the delivery of 5 sacks of rice from D. c. The original obligation although void is validated by the new obligation. Hence, C can demand the delivery of 5 sacks of rice from D. d. The new obligation is only voidable because D had not yet performed the original obligation at the time of donation. Accordingly, the new obligation is binding and C may demand the delivery of 5 sacks of rice from D until the new obligation is annulled by a proper action in court. ___76. D owes C the following debts: P6,000 due on June 12; P6,000 due on June 15; P6,000 due on June 18; and P6,000 due on June 20.All debts are unsecured except the debt due on June 20 which is secured by a pledge of D’s diamond ring to C. By agreement, the benefit of the term on the 4 debts was made in favor of D. Assuming that D has P6,000 on June 18 and is ready to pay C, which of the following statements is correct? a. D may apply his payment of P6,000 to any of the debts due on June 12, June 15 and June 18 since they are all due on June 18. b. D may apply it only to the debt due on June 20 because it is the most burdensome to him. c. D must apply the payment proportionately to the debts due as of June 18 at P2,000 each. d. D may apply the payment to any of the four debts. ___77. I. Condonation of the obligation to pay interest also results in the extinguishment of the principal obligation. II. Condonation of an obligation requires acceptance of the debtor, a. True, True b. False, True c. False, False d. True, False ___78. Henry, husband and Wilma. Wife are legally separated. By order of the court which decreed the legal separation, Henry is obliged to give a monthly support of P10,000 to Wilma payable within first 5 days of the month. Wilma owes Henry P10,000 by way of a business loan. On the other hand, Henry has not yet given Wilma’s support of P10,000 for this month. Both debts are already due. Which of the following statements is correct? a. Both debts are extinguished by legal compensation. b. Wilma may claim compensation but not Henry. c. Henry may claim compensation but not Wilma. d. Neither may claim compensation. ___79. A brought her diamond ring to a jewelry shop for cleaning and the latter undertook to return the ring by February 1,2000. When the said date arrived, the jewelry shop informed A that the job was not yet finished and they asked A to return five days after. On February 6, 2000, A went to the shop to claim the ring but she was informed that the same was stolen by a thief the night before. ecide. a. The jewelry shop is not liable for the loss because it took place due to fortuitous event. b. The jewelry shop is liable if it was so stipulated between the parties. c. The jewelry shop is liable for the loss despite the force majeure because of delay. d. The jewelry shop is not liable because the was no delay on its part. ___80. If the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor shall be released from responsibility by:
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a. Assignment of property b. Consignation of the thing or sum due
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c. Adjudication or pacion en pago d. Condonation
