Practice question
A payer proves delivery of an amount that had never been owed. The recipient argues that the payer must always produce direct testimony expressly admitting a mistaken mental belief, despite Article 2163. What is the answer?
- Recipient silence conclusively proves a gift
- Only direct confession can prove mistake
- Mistake is legally impossible
- The statutory presumption of mistake may apply
- The presumption applies only to land sales
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
Answer this question in flashcards to review your response and continue practicing.