Philippine Bar review · Question

Practice question: Mistake of Law as Basis for Solutio Indebiti

Multiple Choice Easy

Practice question

For Article 2155, must the legal misunderstanding have caused the payment, rather than merely be discovered in an unrelated document afterward?
  1. Yes; payment must be by reason of the qualifying mistake
  2. No, any unrelated legal error suffices
  3. No, the payer need not connect error and payment
  4. No, legal error automatically voids every transaction
  5. No, the recipient’s profession alone controls

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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