Civil Law, 2011 Bar — Question 81

MULTIPLE CHOICE

Anne owed Bessy P1 million due on October 1, 2011 but failed to pay her on due date. Bessy sent a demand letter to Anne giving her 5 days from receipt within which to pay. Two days after receipt of the letter, Anne personally offered to pay Bessy in manager's check but the latter refused to accept the same. The 5 days lapsed. May Anne's obligation be considered extinguished? A) Yes, since Bessy's refusal of the manager's check, which is presumed funded, amounts to a satisfaction of the obligation. B) No, since tender of payment even in cash, if refused, will not discharge the obligation without proper consignation in court. C) Yes, since Anne tendered payment of the full amount due. D) No, since a manager's check is not considered legal tender in the Philippines.

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