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Philippine Bar review · Question

Practice question: Fortuitous Event

Multiple Choice Hard

Practice question

A final judgment requires a thief to return a particular stolen violin. Before returning or offering it to the person entitled to receive it, the thief loses it in a faultless natural calamity. The debt of that determinate thing proceeds from the offense. Under Article1268, does that cause alone exempt the thief from paying its price?
  1. No; the article preserves liability for the price on these facts
  2. Yes; every natural calamity cancels criminal restitution
  3. Yes; because the violin was determinate
  4. Yes; because no offer was made
  5. Yes; because theft eliminates civil consequences

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1174,1262,1264–1269.

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