Text of the provision
Art. 2162. He shall be exempt from the obligation to restore who, believing in good faith that the payment was being made of a legitimate and subsisting claim, destroyed the document, or allowed the action to prescribe, or gave up the pledges, or cancelled the guaranties for his right. He who paid unduly may proceed only against the true debtor or the guarantors with regard to whom the action is still effective.
(1899)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
A payee who, in good faith believing the payment legitimate, destroyed the document, let the action prescribe, or gave up securities, is exempt from restitution; the payer may then proceed only against the true debtor or still-liable guarantors.
Related provisions
- Article 2161 — Improvements and Expenses.
- Article 2163 — Presumption of Mistake.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.