Dear PAO,
I am writing to seek your legal advice. I received money through my mobile payment service account. The sender is completely unknown to me. I did not expect this money, and I am worried it may cause trouble. First, is receiving this money illegal? Does it fall under a crime or something similar? I have not spent the money. I am afraid to touch it. I am very stressed about this. I feel like I am losing my mind with worry.
Anita Schmenise
Dear Ms. Schmenise,
You are not at fault, and your worry is understandable. The law protects the sender who made the mistake, but it also guides you, as the recipient by mistake, on what to do next. Your situation may be governed by the legal principle of Solutio Indebiti under Article 2154 of the New Civil Code. This article states: “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.”
The principle is based on the rule against unjust enrichment. “There is unjust enrichment when a person unjustly retains a benefit to the loss of another, or when a person retains money or property of another against the fundamental principles of justice, equity, and good conscience.” Yon Mitori International Industries v. Union Bank (GR 225538, Oct. 14, 2020, Per Associate Justice Alfredo Benjamin Caguioa, First Division)
In the Yon Mitori International Industries case, the Supreme Court observed the elements of solution indebiti: “(a) that he who paid was not under obligation to do so; and (b) that the payment was made by reason of an essential mistake of fact.” The high court held that:
“[when] Union Bank mistakenly releases a sum in favor of Tan without being obligated to do so, Tan must be ordered to return said amount to preclude unjust enrichment at Union Bank’s expense...”
Your case fits this rule. You had no right to demand the money. You had received an amount which was not owed to you from another person. The unknown sender delivered it through clear mistake. Therefore, a legal obligation to return the funds has been created. Despite the sender being unknown, your obligation to return what you received by mistake persists.
As you received the fund without action, fault, or negligence on your part, you have not committed a crime. Your duty is simply to return what was unduly delivered.
Your next step is practical. You may contact your mobile money platform and report the erroneous transaction. They may have procedures in place to address your situation. By initiating the return through the proper channel, you will resolve the matter correctly and with integrity. This will also fulfill your obligation to return and protect you from any future claims.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
