Practice question
A proved mistaken payment of a debt already discharged is received by two payees. They invoke Article 22 to demand that liability be treated solely as an unclassified equitable claim, disregarding the Code’s specific solidarity provision. Resolve.
- Apply Articles 2154, 2157 and 2163 to the proved undue-payment facts
- Article 22 automatically repeals Article 2157
- Each payee is immune because there are two
- The payer must prove a fresh bilateral loan
- The recipient can conclusively characterize every transfer as charity
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.