Practice question
A victim sues for proved deliberate battery under Article 33. The defendant insists that the civil court must apply proof beyond reasonable doubt solely because the act may also be criminal. Is that correct?
- Yes, the victim must first obtain a pardon
- Yes, every intentional injury uses the criminal standard
- Yes, civil evidence is inadmissible
- No; the independent civil action uses preponderance of evidence
- Yes, the defendant chooses the standard
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.