Question:

Mr. Debtor owes Mr. Creditor P100, 000. On the due date, Mr. Debtor delivers a cashier’s check for the full amount. Mr. Creditor refuses to accept the check.

A.

Debtor may make a consignation by depositing the amount due with any bank and in the name of Mr. Creditor.

B.

Mr. Debtor may make a consignation by depositing the amount due at the disposal of judicial authorities before whom the tender of payment shall be proved in a proper case.

C.

Mr. Debtor has no legal basis for making a consignation.

D.

The creditor may be considered in mora accipiendi.

Answer» c. Mr. Debtor has no legal basis for making a consignation.

Question:

It is the substitution or change of an obligation by another, which extinguishes or modifies the first either changing its object or principal condition, or substituting another in place of the debtor, or subrogating a third in the right of the creditor.

A.

accion subrogatoria

B.

novation

C.

accion pauliano

D.

none of the above

Answer» b. novation