Philippine Bar review · Question

Practice question: Compensation

Multiple Choice Hard

Practice question

Gio must return money held as a depositary for Hana. Hana separately owes Gio a matured ordinary loan of the same amount. Gio retains the deposit and invokes legal compensation, stipulating every ordinary monetary requisite except the nature of the depositary duty. Which rule governs?
  1. Equal amounts always override the nature of the debts.
  2. A depositary’s retention automatically becomes a sale.
  3. Article 1287 excludes compensation when one debt arises from depositum or the obligations of a depositary.
  4. The deposit is extinguished by the mere fact that Gio demands setoff.
  5. Only the parties’ ages matter.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1278–1290.

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