Philippine Bar review · Question

Practice question: Legal and Conventional Subrogation

Multiple Choice Easy

Practice question

A junior creditor pays a preferred creditor of the same debtor. Which Article1302 situation is implicated?
  1. Payment by a creditor of another preferred creditor
  2. Payment of a debt owed only by the payer
  3. A donation necessarily made to the debtor
  4. Automatic substitution of the debtor
  5. A testamentary legacy

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.

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