Philippine Bar review · Question

Practice question: Double Recovery

Multiple Choice Hard

Practice question

A civil award accompanying a criminal case has already been fully satisfied for the victim’s specified repair cost. In a later independent quasi-delict action, the victim seeks that identical repair cost again plus a separate alleged loss. Which approach is proper?
  1. Dismiss every possible distinct loss solely because one item was paid.
  2. Award the identical repair cost again because the action is independent.
  3. Exclude duplicate satisfaction of the paid repair cost while separately assessing whether the other claimed loss is legally recoverable and proved.
  4. Treat every unproved alleged loss as established.
  5. Ignore all records of satisfaction.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 2177 and2199.
  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rules of Court, Rule 111 section 3.
  • https://lawphil.net/judjuris/juri2024/jan2024/gr_255180_2024.html — Fernando, Jr. v People, GR 255180, January 31 2024, main resolution: no double recovery for the same act or omission.

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