Philippine Bar review · Question

Practice question: Intentional

Multiple Choice Medium

Practice question

A claimant pursues an independent Article 33 fraud action while a criminal case concerning the same conduct is pending. Is criminal pendency alone a reason that this independent action must stop under Rule 111, Section 3?
  1. Yes, the defendant’s objection automatically decides the case
  2. Yes, every civil action is suspended without exception
  3. Yes, only accidental acts can support civil actions
  4. Yes, fraud is excluded from Article 33
  5. No

Legal references

  • Civil Code, Articles 19-23, 26, 28, 31-33, 1314, 2177, 2183 and 2187: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Rules of Court, Rule 111, Section 3: https://lawphil.net/courts/rules/rc_110-127_crim.html

Answer this question in flashcards to review your response and continue practicing.