Philippine Bar review · Question

Practice question: Payment or Performance

Multiple Choice Hard Jurisprudence

Practice question

A stranger, without the debtor’s knowledge and without any interest in fulfillment, pays an amount to the creditor. Later the stranger demands full reimbursement regardless of benefit and compelled transfer of the mortgage. Which statement follows Articles 1236-1237?
  1. Every stranger automatically acquires the mortgage
  2. Reimbursement is limited to the benefit to the debtor, and the stranger cannot compel subrogation under the stated lack-of-knowledge facts
  3. There can never be any reimbursement
  4. The debtor automatically becomes the stranger’s guarantor for all debts
  5. The payment is necessarily criminal

Legal references

  • Civil Code, Articles 1236-1237: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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