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Philippine Bar review · Question

Practice question: Legal and Conventional Subrogation

Multiple Choice Hard

Practice question

A creditor and a prospective substitute sign an arrangement expressly requiring the debtor bank’s conformity before the substitute takes over the creditor’s position. The bank never assents. Under Licaros v Gatmaitan, may they disregard that requirement merely by relabeling the arrangement an assignment?
  1. No; the intended conventional subrogation cannot evade the required debtor conformity
  2. Yes; every label conclusively overrides the terms
  3. Yes; debtor consent is never relevant to subrogation
  4. Yes; the absent bank is deemed to sign automatically
  5. Yes; the creditor alone may amend the requirement retroactively

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1300–1303.
  • Licaros v Gatmaitan GR142838 August9,2001 MAIN: https://lawphil.net/judjuris/juri2001/aug2001/gr_142838_2001.html Conventional subrogation distinguished from assignment.

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