Philippine Bar review · Question

Practice question: Expromisión vs. Delegación

Multiple Choice Medium

Practice question

A valid substituted debtor pays without the old debtor’s knowledge. The claimed payment is PHP100,000, but the legally established benefit to the old debtor is only PHP60,000; no other basis exists. What reimbursement qualification applies?
  1. The payer may recover any preferred sum.
  2. Every excess payment automatically benefits the old debtor.
  3. Only the creditor’s stationery cost matters.
  4. The stated benefit limitation, not automatic recovery of the entire claimed amount.
  5. The old debtor necessarily owes double.

Legal references

  • Civil Code Articles748,1236-1237,1270-1299 and1302: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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