Answers:

7. Examples of facultative compensation:

a) A owes B 10 sacks of jasmine rice; B owes A 10 sacks of any type of rice. Only
B may claim compensation

b) A owes B a debt of P1000, demandable now; B owes A P1000, due 5 days
from now

There is facultative compensation when there is an absence of some requisite for
legal compensation, and that absent requisite is for the benefit of the party who is
claiming the compensation. It differs from conventional compensation in that only
one party may claim it.

8. Yes, since by the very definition of accion subrogatoria, all the rights of a
creditors debtor are subrogated to the creditor. Included in those rights subrogated
is the right to file an accion pauliana against the debtors debtors if the requisites for
accion pauliana are met.

13. Generally, no. The new debtor may not be to the creditors liking and may be
prejudicial for him, in case he is insolvent. If ever, there will be expromission,
creditor should stipulate that the new debtor furnish security for the obligation
(have a guarantor or surety, mortgage new debtors property, etc.). If the new
debtors are more than one, they should be bound solidarily.

15. Third parties who are interested are those who pay the obligation/debt of the
debtor using money that rightfully belongs to the debtor. No legal subrogation takes
place. (From De Leon p. 436, citing ChemPhil Export and Import v. CA 251 SCRA
257)

16. In Pare Delicto Non Oritur Actio (from Labitag handout)

17. Practically, its a situation where a person owes himself something. It would be
highly impractical to go through the performance of said obligation if ones owes it to
himself only.