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Philippine Bar review · Question

Practice question: Obligations with a Penal Clause

Multiple Choice Medium Jurisprudence

Practice question

A debtor partly complies with the principal obligation. The creditor demands the full penalty without any equitable adjustment. What does Article 1229 direct?
  1. Judges may never examine the penalty
  2. The judge shall equitably reduce it for partial or irregular compliance
  3. Partial compliance automatically cancels the entire debt
  4. Every penalty becomes criminal punishment
  5. The debtor fixes the reduction alone

Legal references

  • Civil Code, Article 1229: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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