Philippine Bar review · Question

Practice question: Unjust Enrichment

Multiple Choice Hard

Practice question

A claimant proves a benefit but ignores evidence that it was received under a lawful third-party arrangement and that the claimant has an obtainable contract remedy elsewhere. May a court disregard both matters merely because restitution seems preferable?
  1. Yes, preference alone establishes all elements
  2. No; the Article 22 elements and subsidiary character still govern
  3. Yes, every third-party acquisition is void
  4. Yes, legal grounds are irrelevant to equity
  5. Yes, contract remedies disappear when inconvenient

Legal references

  • Civil Code, Articles 19-23, 26, 28, 31-33, 1314, 2177, 2183 and 2187: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • University of the Philippines v. Philab Industries, Inc., G.R. No. 152411, September 29, 2004, MAIN decision: https://lawphil.net/judjuris/juri2004/sep2004/gr_152411_2004.html
  • BDO Unibank, Inc. v. Barcellano y Riego, G.R. No. 261264, February 12, 2026, MAIN decision: https://lawphil.net/judjuris/juri2026/feb2026/gr_261264_2026.html

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