Philippine Bar review · Question

Practice question: Mistake of Law as Basis for Solutio Indebiti

Multiple Choice Medium

Practice question

A payer claims a difficult-law error caused an undue transfer. Contemporaneous records instead establish that payment was made solely as an intended gift, irrespective of any perceived legal debt. Can the legal-error assertion alone compel return?
  1. Yes, the recipient must prove a loan
  2. Yes, mentioning difficult law invalidates every gift
  3. Yes, all gifts are mistaken payments
  4. Yes, Article 2155 eliminates causation
  5. No; the proven gift does not become payment by reason of legal mistake

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

Answer this question in flashcards to review your response and continue practicing.