Philippine Bar review · Question

Practice question: Payment or Performance

Multiple Choice Hard

Practice question

The creditor’s own conduct led a debtor to believe that a third person had authority to receive payment. The required statutory facts are established. The creditor demands separate proof of actual benefit despite Article 1241’s qualification. Which is correct?
  1. The creditor-conduct situation is expressly among the cases in which benefit need not be proved
  2. Only a written power of attorney can ever matter
  3. The debtor’s evidence of creditor conduct is always irrelevant
  4. Every third-person payment is invalid
  5. The creditor may erase prior conduct by denial

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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