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.
This is a protective exception, not a loophole: a payee who honestly believed the claim being paid was real and still collectible, and who in that belief let evidence slip away — destroying the document, allowing the claim to prescribe, releasing pledges, or cancelling guaranties — is excused from having to return the payment, because by the time the mistake surfaces he can no longer protect himself the way he could have at the time of payment. The payer is not left without any remedy, however; the article redirects it, allowing him to pursue only the actual debtor or any guarantors against whom action is still possible.
Questions about this provision
- I accepted a payment in good faith and then destroyed the document of the claim - do I still have to return the money?
- The person I mistakenly paid has since destroyed the document proving the debt and let the action prescribe — can I still sue to get my money back?
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.