Philippine Bar review · Question

Practice question: Distinguished from Accion In Rem Verso

Multiple Choice Hard

Practice question

A claimant proves only one mistaken undue transfer and has a complete Article 2154 remedy. The claimant argues that accion in rem verso supplies an additional independent recovery of the same transferred amount. What is the proper approach?
  1. Award the same principal twice automatically
  2. Use the applicable restitution remedy without duplicating the same recovery
  3. Treat every legal label as a separate loss
  4. Ignore the named quasi-contract entirely
  5. Require a crime before any restitution

Legal references

  • Civil Code, Articles 22, 1157, 1160, 2142-2169 and 2176: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • University of the Philippines v. Philab Industries, Inc., G.R. No. 152411, September 29, 2004, MAIN decision: https://lawphil.net/judjuris/juri2004/sep2004/gr_152411_2004.html

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