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Philippine Bar review · Question

Practice question: Distinguished from Accion In Rem Verso

Multiple Choice Medium

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?
  1. Recipient silence conclusively proves a gift
  2. Only direct confession can prove mistake
  3. Mistake is legally impossible
  4. The statutory presumption of mistake may apply
  5. 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

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