Practice question
Must the creditor prove actual damages before demanding a properly demandable penalty?
- Yes, always
- Only when the debtor is wealthy
- Only when there are two creditors
- No, Article 1228 dispenses with proof of actual damages for the penalty
- No legal requisites of any kind apply
Legal references
- Civil Code, Articles 1226 and 1228: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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