Philippine Bar review · Question

Practice question: Mistake of Law as Basis for Solutio Indebiti

Multiple Choice Easy

Practice question

Does an accountant’s addition error, without any misunderstanding of law, become a mistake of law merely because the sum appears in a legal invoice?
  1. Yes, every invoice error is legal error
  2. No; the character of the actual error matters
  3. Yes, arithmetic is always difficult law
  4. Yes, labels conclusively govern
  5. Yes, Article 2155 abolishes factual mistakes

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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