Philippine Bar review · Question

Practice question: Distinguished from Accion In Rem Verso

Essay Hard

Practice question

A transfer was never due, but the recipient contests mistake. Explain the presumption and rebuttal under Article 2163 and its relation to the specific undue-payment action.

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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