Question: 6) Distinguish Reimbursement from Subrogation. > points Ill. Problems. Answer the following questions Explain briefly the rule or reason for your answer. (5 points each)

6) Distinguish Reimbursement from Subrogation. > points Ill. Problems. Answer the following questions Explain briefly the rule or reason for your answer. (5 points each) 1. Bongbong obliged himself to deliver a 2022 Chevy Trailblazer to Leni. They agreed that one-half of the car be delivered on February 8, 2022 and the other half on May 9. 2022. Will the obligation be divisible or indivisible? 2. Isko and Manny promised JOINTLY to give Rodrigo a Ford F-150 Raptor Truck worth P 2.5 Million on June 30, 2022. When the day arrived, Manny has the corresponding amount equivalent for his share. On the other hand. Isko does not have the money. What happens to their obligation? (Take note: The obligation to give a car is INDIVISIBLE 3. Isko and Manny promised SOLIDARILY to give Rodrigo a Ford F-150 Raptor Truck worth P 2.5 Million on June 30. 2022. When the day arrived, Manny has the corresponding amount equivalent for his share. On the other hand. Isko does not have the money. What happens to their obligation? 4. Kiko promises to construct Sara's house within six (6) months. The contract stipulates that in every day's delay after the stipulated six (6) months, Kiko would pay a penalty of P 10,000.00. The penalty shall be deducted from the amount Sarah would pay Kiko for the construction of her house. The house was finished after six (6) months and ten Page | 23 obligations and Contract (10) days. Sara then deducted the P100,000 (10 days x P10,000) from the amount he would pay Kiko. Kiko opposed the deduction and reasoned that Sara needs to prove that she incurred damages in order that the penalty may be deducted. Is Kiko correct? 5. Rastaman and Aklas came up with an agreement. On their agreement, Rastaman obliged himself to give Aklas 1 kilo of marijuana on December 25, 2021. Failure to comply, Rastaman will be obliged to give P 100.000 to Aklas as a penalty for non- compliance. Is the Penal Clause Valid? 6. Rodrigo, with the help of his friend, Bong, who acted as the guarantor, borrowed P50.000.00 from Bato. Without the knowledge or consent of Rodrigo. Leni paid Bato the whole amount of P50,000.00. a) Can Leni claim reimbursement from Rodrigo? (5 points) b) If Rodrigo cannot pay, can Leni proceed against the guarantor. Bong? (5 points) c) What if the payment was with the approval of Rodrigo, can Leni proceed against Bong, the guarantor? (5 points) d) What if the obligation of Rodrigo was secured by a mortgage of a land owned by Rodrigo. is the payment of Leni without the consent and knowledge of Rodrigo entitles her to foreclose the mortgage? (5 points) e) What if the payment was with the approval of Rodrigo and the latter cannot pay, can Leni foreclose the mortgage? (5 points)
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