Question

You are the lead counsel for a prestigious law firm representing a client who seeks to recover an unjust enrichment. Your client, Mr. Martin, recently discovered that his former business partner, Mr. Reyes, has been receiving substantial profits from a business venture that they had pursued together. However, Mr. Reyes had wrongfully diverted these profits to his personal account without Mr. Martin's knowledge or consent.

In light of this situation, answer the following questions:

1. What is unjust enrichment and how is it defined under the Civil Code of the Philippines?
2. Discuss the elements that need to be established to successfully claim unjust enrichment.
3. What legal remedies are available to Mr. Martin to recover the unjust enrichment from Mr. Reyes?
4. Explain the concept of restitution and how it applies to the recovery of unjust enrichment.
5. Discuss any defenses that Mr. Reyes may present to counter Mr. Martin's claim of unjust enrichment.