Civil Law, 2011 Bar — Question 49

MULTIPLE CHOICE

Asiong borrowed P1 million from a bank, secured by a mortgage on his land. Without his consent, his friend Boyong paid the whole loan. Since Asiong benefited from the payment, can Boyong compel the bank to subrogate him in its right as mortgagee of Asiong's land? A) No, but the bank can foreclose and pay Boyong back. B) No, since Boyong paid for Asiong's loan without his approval. C) Yes, since a change of creditor took place by novation with the bank's consent. D) Yes, since it is but right that Boyong be able to get back his money and, if not, to foreclose the mortgage in the manner of the bank.

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