Philippine Bar review · Question

Practice question: Effect of Good Faith of the Payee

Multiple Choice Hard

Practice question

A creditor receives payment from the wrong payer while believing in good faith it satisfies a legitimate subsisting claim against the true debtor. In reliance, the creditor releases the pledge securing that claim. The requirements of Article 2162 are established. Which result follows?
  1. The creditor may invoke the specified restoration exemption, and the undue payer has the recourse prescribed against the true debtor or guarantors whose obligations remain enforceable
  2. The creditor must always restore regardless of released security
  3. Every good-faith recipient is exempt even without a reliance event
  4. The wrong payer automatically owns all pledged property
  5. The true debtor is necessarily discharged from every possible claim

Legal references

  • Civil Code Articles 2154 and 2159–2163: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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