Philippine Bar review · Question

Practice question: Distinguished from Accion In Rem Verso

Multiple Choice Easy

Practice question

For a payment of something that had never been due, what evidentiary rule does Article 2163 supply?
  1. Mistake is presumed, subject to proof of liberality or another just cause
  2. Fraud is conclusively established
  3. Every payment is irrecoverable
  4. The recipient is automatically imprisoned
  5. No evidence is admissible

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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