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Philippine Bar review · Question

Practice question: Distinguished from Accion In Rem Verso

Multiple Choice Hard Jurisprudence

Practice question

A claimant says a defendant benefited from delivered equipment and therefore must pay under Article 22. The evidence establishes that the defendant lawfully acquired it under a valid arrangement with a separate funding party, and the claimant has an obtainable contract action against that funding party. Which analysis follows UP v. Philab?
  1. Benefit alone conclusively proves unjust enrichment
  2. The valid basis for acquisition and the claimant's specific remedy defeat the asserted subsidiary theory on these facts
  3. The defendant must pay twice solely because it possesses equipment
  4. Every third-party arrangement is automatically fraudulent
  5. Article 22 eliminates every contract

Legal references

  • Civil Code Articles 22, 2154 and 2163: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • University of the Philippines v. Philab Industries, GR 152411, September 29, 2004, main decision: https://lawphil.net/judjuris/juri2004/sep2004/gr_152411_2004.html
  • NPC v. Benguet Electric Cooperative, GR 218378, June 14, 2021, main resolution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/67577

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