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Velez vs Balzarza

CLEOFE VELEZ, Plaintiff-Appellant, v. MAXIMO BALZARZA and FLAVIA MABILIN, Defendants-Appellees.

G.R. No. 48389 | 1942-07-27

EN BANC
D E C I S I O N
 
SYLLABUS

1. CONTRACT OF LOAN; OBLIGATION OF LENDER TO RETURN EXCESS PAYMENTS; ARTICLE 1895 OF THE CIVIL CODE. — The liability of plaintiff to return the excess payments is in keeping with article 1895 of the Civil Code which provides that, "When something is received which there is no right to collect, and which by mistake has been unduly delivered, the obligation to restore it arises." The two requisites are present: (1) there is no right to collect these excess sums; and (2) the amounts have been paid through mistake by defendants. Such mistake is shown by the fact that the parties in their...