Philippine Bar review · Question

Practice question: Extinguishment

Multiple Choice Hard

Practice question

A guarantor invokes a defense derived from the actual extinguished debt; another argument is stipulated purely personal to the principal. It claims 2081 treats both identically. Which is best?
  1. Every personal defense is automatically inherent in the debt.
  2. The article distinguishes inherent debt defenses from purely personal principal defenses.
  3. No debt defense can ever apply.
  4. Only the creditor’s preference controls categorization.
  5. The guarantor may invent any defense without facts.

Legal references

  • Civil Code Articles2052,2056-2057,2066,2071-2084 and2126-2130: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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