Philippine Bar review · Question

Practice question: Cause of Action (Rule 2)

Multiple Choice Medium

Practice question

The parties validly extend payment and the debtor fully follows the modified terms. The creditor sues solely for noncompliance with the superseded schedule. Which inquiry is decisive?
  1. Whether the old schedule was printed in larger letters.
  2. Whether the creditor prefers the original bargain.
  3. Whether counsel uses the word default repeatedly.
  4. Whether the debt once had an earlier date, regardless of modification.
  5. Whether an actual breach exists under the binding obligation as modified.

Legal references

  • Swagman Hotels and Travel, Inc. v. Court of Appeals, G.R. No. 161135, April 8, 2005, main decision, existing breach and cause at commencement: https://lawphil.net/judjuris/juri2005/apr2005/gr_161135_2005.html
  • 2019 Amendments to Civil Procedure, Rules 2-4 and relevant Rule 10 Section 3, current operative provisions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

Answer this question in flashcards to review your response and continue practicing.