Philippine Bar review · Question

Practice question: Mistake of Law as Basis for Solutio Indebiti

Multiple Choice Hard

Practice question

A payer makes several transfers to an unrelated recipient. Evidence proves the first resulted from mistaken construction of a genuinely difficult legal provision, while later transfers were knowingly intended gifts. All transfers are challenged solely under Article 2155. How should the court approach them?
  1. Automatically refund every transfer because the first involved error
  2. Examine the cause and statutory elements of each challenged payment
  3. Automatically reject the first because later gifts were made
  4. Treat chronology alone as conclusive
  5. Ignore proof of intention entirely

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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