Philippine Bar review · Question

Practice question: Mistake of Law as Basis for Solutio Indebiti

Multiple Choice Medium

Practice question

A payer misconstrues a genuinely difficult legal provision and, because of that error, pays a sum the recipient had no right to demand. The statutory facts are proved. Which provision permits the legal-error basis for return?
  1. Article 2155 read with Article 2154
  2. A universal rule invalidating every paid debt
  3. A rule that every legal error is irrelevant
  4. A rule turning every refund into a gift
  5. Only the recipient's personal preference

Legal references

  • Civil Code Articles 3 and 2154–2156: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Domestic Petroleum Retailer v. MIAA, GR 210641, March 27, 2019, main decision: https://lawphil.net/judjuris/juri2019/mar2019/gr_210641_2019.html

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