Philippine Bar review · Question

Practice question: Effects

Multiple Choice Medium

Practice question

A guarantor settles a P200,000 debt with the creditor by paying P140,000. Under Article 2067, may the guarantor demand the original P200,000 from the debtor solely through the settlement payment?
  1. Yes, every compromise creates a P60,000 personal profit
  2. No, the guarantor cannot demand more than actually paid under that compromise
  3. Yes, because the creditor once claimed that amount
  4. No, because payment can never create reimbursement rights
  5. Yes, if the guarantor conceals the settlement

Legal references

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

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