Practice question
A lessee’s written contract limits lawful escalation. The lessor breaches those terms and receives excess rent. A court rejects the lessee’s asserted mistaken-law basis but finds a contractual refund obligation. The lessor insists that Article 2155 rejection makes the refund claim impossible. Resolve under Domestic Petroleum.
- The contractual basis may support recovery independently of solutio indebiti
- Every rejected quasi-contract theory eliminates contractual rights
- Only Article 2155 can ever support a refund
- The lessor’s breach becomes lawful automatically
- All contract terms disappear when money is paid
Legal references
- Civil Code, Articles 22, 1157, 1160, 2142-2169 and 2176: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Domestic Petroleum Retailer Corp. v. MIAA, G.R. No. 210641, March 27, 2019, MAIN decision: https://lawphil.net/judjuris/juri2019/mar2019/gr_210641_2019.html
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