Philippine Bar review · Question

Practice question: Legal and Conventional Subrogation

Multiple Choice Hard

Practice question

Pilar owes Quinn a secured debt. Rafi, a disinterested stranger, pays it without Pilar’s knowledge or approval. No creditor preference, interested-payer status, conventional agreement, or other legal-subrogation basis is established. Rafi claims payment alone automatically transfers Quinn’s mortgage rights. Which is best?
  1. Every payment by any stranger automatically gives every security right.
  2. Quinn’s receipt alone supplies Pilar’s consent to conventional subrogation.
  3. Rafi is automatically the debtor rather than the payer.
  4. Payment alone does not establish the asserted subrogation; reimbursement rights must be distinguished from transfer of security rights under the applicable provisions.
  5. Rafi necessarily owns the mortgaged land after payment.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1236–1237 and 1300–1304.

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