Philippine Bar review · Question

Practice question: Extinguishment

Multiple Choice Hard

Practice question

The sole principal obligation is fully paid and validly extinguished. The creditor admits this but demands the same principal again from the guarantor solely because the guaranty is a separate signed paper. Which is correct?
  1. The separate paper does not itself recreate the extinguished secured principal under 2076.
  2. Every signed guaranty mandates duplicate payment.
  3. Payment extinguishes only the debtor’s moral duty.
  4. The creditor may revive the debt by demand alone.
  5. The guarantor automatically owes double.

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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