Philippine Bar review · Question

Practice question: Payment or Performance

Multiple Choice Hard

Practice question

A debtor is served a lawful judicial order to retain the debt but thereafter pays the creditor directly and obtains a receipt. The debtor argues the creditor’s genuine identity and acceptance necessarily extinguish liability under ordinary payment rules. Which is correct?
  1. A genuine receipt always overrides every judicial order
  2. Article 1243 specifically makes the post-order payment invalid; ordinary identity and acceptance do not remove that restriction
  3. The debtor may privately revoke the order
  4. The creditor’s address alone controls
  5. A judicial order is only a suggestion

Legal references

  • Civil Code, Articles 1209-1210,1223-1230,1238-1243,1266-1268 and1423-1430: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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