Philippine Bar review · Question

Practice question: Apportionment of Civil Liability

Multiple Choice Hard Jurisprudence

Practice question

A solidary debtor voluntarily pays only after the civil obligation has legally prescribed. Prescription and absence of any distinct reimbursement agreement are established. He claims ordinary reimbursement from co-debtors under solidarity alone. Which is sound?
  1. Payment after prescription always creates automatic contribution rights.
  2. Article 1218 denies that reimbursement on the stated facts.
  3. Prescription necessarily proves all co-debtors agreed to a new promise.
  4. The payer can revive every other person’s debt unilaterally.
  5. The creditor’s receipt automatically erases the statutory limitation.

Legal references

  • Revised Penal Code, Articles 109-110, apportioned shares and recourse: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
  • Civil Code, Articles 774-776, 1216-1220, 1231-1238, 1288 and 1292, as particularly relevant: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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