Philippine Bar review · Question

Practice question: Effects

Multiple Choice Hard

Practice question

A guarantor pays without notifying the debtor. Unaware of that payment, the debtor then pays the creditor again. No fortuitous-notification exception or other qualifying fact applies. Which rule follows Article 2070?
  1. The guarantor may recover the duplicate amount from the debtor automatically
  2. The guarantor's remedy is against the creditor rather than the debtor under the stated rule
  3. The debtor must pay a third time
  4. The creditor necessarily keeps both amounts forever
  5. The guarantor becomes owner of the debtor's home

Legal references

  • Civil Code Articles 2058–2074: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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