Philippine Bar review · Question

Practice question: Obligations with a Penal Clause

Multiple Choice Medium

Practice question

A contract fixes a penalty for missing a delivery deadline. The parties validly extend that deadline, and the new date has not arrived. No other triggering breach exists. The creditor says no actual-damages proof means the penalty is already collectible. Which is correct?
  1. Absence of proof requirements removes every trigger
  2. Every penalty is payable at signing
  3. Extension always doubles the penalty
  4. Dispensing with proof of actual damage does not dispense with legal demandability and the contractual trigger
  5. Only the creditor may secretly choose a deadline

Legal references

  • Civil Code, Articles 1209-1210,1223-1230,1238-1243,1266-1268 and1423-1430: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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