Philippine Bar review · Question

Practice question: Trust Fund Doctrine

Multiple Choice Medium

Practice question

A shareholder offers only a receipt issued in exchange for a check, with no satisfactory evidence that the check was paid or that the obligation was otherwise legally discharged. He argues the receipt conclusively ends the trust-fund claim. What does Halley support?
  1. The receipt alone need not conclusively prove full payment
  2. Every receipt necessarily defeats all contrary evidence
  3. The creditor must accept every unproved payment assertion
  4. No evidence about checks may be considered
  5. A tax invoice is automatically a bank clearance

Legal references

  • Halley v. Printwell, GR157549, May30 2011, main opinion: https://lawphil.net/judjuris/juri2011/may2011/gr_157549_2011.html Payment proof and limit of unpaid-subscription recovery.
  • Enano-Bote v. Alvarez, GR223572, November10 2020, main opinion: https://lawphil.net/judjuris/juri2020/nov2020/gr_223572_2020.html Recognized grounds for creditor recourse.

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