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Article 2154 of the Civil Code: Payment by mistake

Status: In force

What does Article 2154 say?

If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises.

Read the full text on the Supreme Court E-Library

What does it mean in plain language?

Article 2154 of the Civil Code says that a person who receives something he or she had no right to demand, delivered by mistake, must return it. This is called solutio indebiti (payment of what is not owed). It is one of the quasi-contracts: obligations the law creates so that no one is unjustly enriched at another's expense. Courts look at whether there was really a mistake and no duty to pay, and they also weigh the good faith of the receiver and the care of the payer.

How does it work in real life?

Dodong's double bonus

Dodong's employer credits his bonus twice by mistake. He had no right to the second payment, and it was made by mistake, not as a gift. Under Article 2154 the extra amount is to be returned.

A transfer to the wrong account number

Mila mistypes one digit and sends money to a stranger's account. The stranger had no right to the money and received it by mistake. Article 2154 creates an obligation to return it. How the bank or e-wallet handles the error is a separate matter.

Interest never agreed

Tess borrowed money with no written agreement on interest but paid "interest" every month. Following Siga-an, the interest paid may be recovered as solutio indebiti.

What does this mean in practice?

What does Article 2154 say?

If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises.

Article 2154, Civil Code

It works with two related articles:

Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense of another.

Article 2142, Civil Code

Payment by reason of a mistake in the construction or application of a doubtful or difficult question of law may come within the scope of the preceding article.

Article 2155, Civil Code

So the mistake may be about the facts (paying the wrong person, paying twice) or, in some cases, about a doubtful or difficult question of law.

What are the requisites?

In BDO Unibank v. Barcellano (2026), the Supreme Court said the obligation to return arises when:

  1. payment is made when there is no binding relation between the payor, who has no duty to pay, and the person who received it; and
  2. the payment is made through mistake, not through liberality (generosity) or some other cause.

The Court added that the claimant must clearly show that the other party knowingly received a benefit to which it was not entitled, and that the circumstances make it unjust for that party to keep it.

How have courts applied it?

  • Funds the receiver knew were not his. In Yon Mitori International Industries v. Union Bank (2020), a bank credited a check to a depositor's account early because of a technical error; the check later bounced. The depositor withdrew the money knowing he was not entitled to it. The Court held that his obligation to return the funds to the bank stands.
  • Bank's gross negligence and a receiver in good faith. In BDO Unibank v. Barcellano (2026), a bank credited a depositor's regional check as a local one and let her withdraw before clearing. The Court found the bank grossly negligent and found no proof that the depositor knowingly received a benefit she was not entitled to; she could reasonably believe in good faith that the money in her account was hers. Solutio indebiti did not apply.
  • Interest paid without a written agreement. In Siga-an v. Villanueva (2009), a borrower paid interest although none had been agreed in writing. The Court said that under Article 1960, solutio indebiti applies, and the interest paid had to be returned. Interest must be expressly agreed in writing under Article 1956.

The court cases above involved banks. Bank and e-wallet procedures for reversing a mistaken transfer are not covered on this page.

Is it the same as unjust enrichment?

They are close. Article 22 states the general principle: whoever acquires something at another's expense without just or legal ground must return it. Article 2154 is a specific case of it: a delivery made by mistake.

Frequently asked questions

What is solutio indebiti?

It is the obligation in Article 2154 of the Civil Code: if something is received when there is no right to demand it, and it was unduly delivered through mistake, the person who received it must return it.

What are the requisites of solutio indebiti?

In BDO Unibank v. Barcellano (2026), the Supreme Court said the payment must be made when there is no binding relation between the payor, who has no duty to pay, and the receiver; and the payment must be made through mistake, not through liberality or another cause.

Do I have to return money credited to my account by mistake?

As a rule, money received without a right to it and delivered by mistake must be returned under Article 2154. In Yon Mitori International Industries v. Union Bank (2020), a depositor who withdrew funds he knew he was not entitled to was ordered to return them.

Is there an exception?

Courts look at the facts. In BDO Unibank v. Barcellano (2026), the bank's gross negligence and the depositor's good-faith belief that the money was hers led the Court to rule that solutio indebiti did not apply.

Does the rule cover interest paid on a loan without a written agreement?

In Siga-an v. Villanueva (2009), the Court said that under Article 1960, interest paid when there was no stipulation is governed by solutio indebiti, and ordered it returned.

General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.

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