231.
Are those which have as their object a prestation which is susceptible of partial performance
without the essence of the obligation being changed?
A. Joint obligation
B. Solidary obligation
C. Divisible obligation
D. Indivisible obligation
C. A thing is divisible when, if separated into parts, its essence is not changed or its value is not
decreased disproportionately, because each of the parts into which it is divided are homogenous and
analogous to each other as well as to the thing itself (4 Sanchez Roman 93-94).
An example is the obligation to deliver 10 sacks of rice.
232. Are those which have as their object a prestation which is not susceptible of partial performance,
because otherwise the essence of the obligation will be changed?
A. Joint obligation
B. Indivisible obligation
C. Solidary obligation
D. Divisible obligation
B. A thing is indivisible when, if separated into parts, its essence is changed or its value is decreased
disproportionately (4 Sanchez Roman 93-94).
An example is the obligation to deliver a specific car.
233. Is an obligation with an accessory undertaking by virtue of which the obligor assumes a greater
liability in case of breach of the obligation?
A. Divisible obligation
B. Quantitative obligation
C. Qualitative obligation
D. Obligation with a penal clause
D. The purposes of penal clause are the following:
1. It is attached to an obligation in order to insure performance (Filinvest Land, Inc., vs. CA, et.al., G.R.
No. 138980, September 20, 2005).
2. The penalty shall substitute the indemnity for damages and payment of interests in case of
noncompliance (Art. 1226, NCC).
The functions of penal clause are the following:
1. To provide for liquidated damages.
2. To strengthen the coercive force of the obligation by the threat of greater responsibility in the event
of breach (Filinvest Land, Inc., vs. CA et.al., G.R. No. 138980, September 20, 2005).
234. It is a kind of division in a divisible obligation where the thing can be materially divided into parts
and such parts are homogenous to each other, such as when the parts are separated from each other as
in the case of movables, or when the limits of the parts are fixed by metes and bound as in the case of
immovables.
A. Quantitative division
B. Qualitative division
C. Ideal division
D. None of the above
A. The division is quantitative when the thing can be materially divided into parts and such parts are
homogenous to each other, such as when the parts are separated from each other as in the case of
movables, or when the limits of the parts are fixed by metes and bounds as in the case of immovable (4
Sanchez Roman 93-94).
An example is the obligation of X to deliver 10 obligations and Contracts book to B and C.
235. It is a kind of division in a divisible obligation where the thing can be materially divided, but the
parts are not homogenous to each other, such as in the partition of an inheritance.
A. Quantitative division
B. Qualitative division
C. Ideal division
D. None of the above
B. The division is qualitative when the thing can be materially divided, but the parts are not homogenous
to each other, such as in the partition of an inheritance (4 Sanchez Roman 93-94).
An example is when X inherits a particular car while Y inherits a specific parcel of land.
236. It is a kind of division in a divisible obligation where the thing can only be separated into undivided
parts, not material parts, as in the case of co-ownership.
A. Quantitative division
B. Qualitative division
C. Ideal division
D. None of the above
C. The division is ideal or intellectual when the thing can only be separated into ideal or undivided parts,
not material parts, as in the case of co-ownership (4 Sanchez Roman 93-94).
An example is when X, Y, and Z inherits from their deceased father one parcel of land. They own 1/3
each of the said parcel of land.
237. I. In obligation with a penal clause, the penalty shall substitute the indemnity for damages and the
payment of interests in case of non- compliance.
II. It functions to strengthen the coercive force of the obligation and to provide, in effect, for what
could be the liquidated damages resulting from such a breach.
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
C. The function of the obligation with a penal clause is to strengthen the coercive force of the obligation
and to provide, in effect, for what could be the liquidated damages resulting from such a breach
(Tolomeo Ligutan & Leonidas De La Lanna vs. CA & Security Bank & Trust Company, G.R. No. 138677,
February 12, 2002).
238. The obligation attached to a principal obligation in order to complete the same or take its place in
the case of breach.
A. Principal obligation
B. Accessory obligation
C. Obligation with a penal clause
D. Indivisible obligation
B. An accessory obligation is dependent for its existence on the existence of a principal obligation. A
principal obligation may exist without an accessory obligation but an accessory cannot exist without a
principal obligation. For example, the contract of mortgage is an accessory obligation to enforce the
performance of the main obligation of indebtedness. An indebtedness can exist without the mortgage
but a mortgage cannot exist without the indebtedness, which is the principal obligation. Another
example is that a loan between the parties is a principal obligation. A penal clause in a loan is an
accessory obligation. The accessory obligation of penal clause is to enforce the main obligation of
payment of the loan. If therefore the principal obligation does not exist, the penalty being accessory
cannot exist.
239. I. A principal obligation may exist without an accessory obligation and an accessory obligation can
exist without a principal obligation.
II. An accessory obligation is dependent for its existence on the existence of a principal obligation.
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
B. A penal clause is an accessory undertaking to assume greater liability in case of breach and is attached
to an obligation in order to secure its performance. The penalty shall substitute the indemnity for
damages and the payment of interests in case of non-compliance. But if such stipulation is found
contrary to law for being usurious, it can be nullified by the courts without affecting the principal
obligation (Banco Filipino Savings and Mortgage vs. Juanita B. Ybanez, et.al., G.R. No. 148163, December
6, 2004).
For example, X promised to deliver a particular TV to Y on December 31, 2018. As an additional
stipulation, they agreed that X will be liable to pay P5,000 penalty in case of failure to deliver said
obligation on maturity date. The principal obligation here is the delivery of the TV and the accessory
obligation is the penalty of P5,000 in case of default.
240. The penalty shall substitute the indemnity for damages and the payment of interests in case of
noncompliance. The following are the exceptions to the aforesaid rule, except:
A. When there is a stipulation to the contrary.
B. When the obligor refuses to pay the penalty.
C. When the obligor is guilty of fraud in the fulfillment of the obligation.
D. When the obligor is in default.
D. In obligation with a penal clause, the penalty shall substitute the indemnity for damages and the
payment of interests in case of noncompliance, except:
When there is a stipulation to the contrary.
When the obligor refuses to pay the penalty.
When the obligor is guilty of fraud in the fulfillment of the obligation.
