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Philippine Bar review · Question

Practice question: Acts Contrary to Law

Multiple Choice Hard

Practice question

A defendant’s unlawful damaging act causes PHP500,000 of proved insured property loss. The insurer indemnifies PHP350,000. Article2207 applies, and no release or other issue alters the claims. Which allocation follows?
  1. The insurer is subrogated for the paid portion and the owner may recover the PHP150,000 deficiency
  2. The wrongdoer is automatically discharged for the entire loss
  3. The owner may collect the whole loss again personally without regard to subrogation
  4. The insurer may recover every unrelated debt of the wrongdoer
  5. The unpaid portion automatically becomes a donation

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles20,2195–2199,2200,2203,2205,2207.

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