1. In payment for his loan, Charlie wrote and signed a promissory note to Bravo which reads"I promise to pay Bravo Cruz or bearer the amount of P100,000.00 in cash on March 10, 2021". Bravo kept the instrument and waited for the due date but on March 5, 2021, Charlie already paid Bravo P20,000.00 in advance. On the agreed due date, X, the desperate admirer of Charlie, paid his entire loan in the amount of P100T which Bravo gladly accepted without qualifying the truth on Charlie's remaining loan. The said payment by X however is without Charlie's consent. In fact, when Charlie learned of it, he was not delighted at all.

QUESTION: Assuming only for instance that X recovered only P80,000.00 from Charlie as the only remaining funds he has, can X still validly recover the remaining P20,000.00 rather from Bravo? Site legal basis to support the answer.

a) Yes, because Bravo is in bad faith for not telling X that the remaining loan of Charlie is only P80,000.00 and he should return the P20,000.00 to X as a mistaken payment under the principle of solutio indebiti;

b) No, because X falsely assumed the obligation of another person without the express approval and consent of such debtor. Consequently, he shall suffer the consequences of inability to recover his unauthorized payment;

c) No, because Bravo may only return any mistake in payment to the rightful debtor who is Charlie and not to an unauthorized payor who is X. Indeed, no valid subrogation of right existed in this case to justify refund of P20,000.00;

d) Yes, because since Charlie as the debtor with primary liability to X is already insolvent, the law allows creditor X to recover from Bravo who has subsidiary liability to him;

e) Both B and C.

JURISDICTION: PHILIPPINES. PLEASE SITE LEGAL BASIS. (ARTICLE NUMBER)