Philippine Bar review · Question

Practice question: Distinguished from Accion In Rem Verso

Multiple Choice Hard Jurisprudence

Practice question

A recipient proves that a transfer was knowingly made as a valid gratuitous gift, not as mistaken payment, and no other defect or unjust retention is established. The transferor demands restitution merely because no debt had been due. Which answer is correct?
  1. Absence of debt alone necessarily defeats every gift
  2. A valid gratuitous cause rebuts the mistaken-payment theory and supplies legal ground; neither remedy arises automatically from regret
  3. Every gift is automatically an unjust enrichment
  4. Solutio indebiti requires no mistake
  5. Article 22 always invalidates voluntary transfers

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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