Philippine Bar review · Question

Practice question: Extinction and Survival of Civil Liability

Multiple Choice Medium Jurisprudence

Practice question

The parties agree only to extend the due date for an unpaid civil award, with no express extinction and no wholly incompatible replacement obligation. The debtor claims the principal disappeared by extinctive novation. Which is sound?
  1. Every new date automatically cancels the principal.
  2. No actual agreement need be read.
  3. The word extension always means payment.
  4. A later date is necessarily a receipt.
  5. The stipulated extension alone does not establish the asserted extinction under Article 1292.

Legal references

  • Revised Penal Code, Articles 38, 112 and 113, cited civil-payment and extinction rules: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
  • Civil Code, Articles 774-776, 1216-1220, 1231-1238, 1288 and 1292, as particularly relevant: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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