Philippine Bar review · Question

Practice question: Obligations with a Penal Clause

Multiple Choice Medium

Practice question

A debtor refuses to pay a legally demandable penalty and claims the default substitute rule always prevents any damages. What does Article 1226 state?
  1. Refusal automatically cancels the obligation
  2. Only fraud can ever be an exception
  3. The creditor loses all remedies
  4. A penalty makes performance optional in every case
  5. Refusal to pay the penalty is itself among the stated exceptions concerning damages

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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