Practice question
A claimant receives full civil restitution for a dishonored refund check in a BP22 case, then seeks the same restitution again in an estafa case involving that same payment. The claimant says different crimes necessarily create two compensable copies of the loss. Under Fernando, which is correct?
- The same civil liability cannot be recovered again despite the distinct offense proceedings
- Two crimes necessarily require double civil restitution
- Payment under BP22 is legally nonexistent in the estafa accounting
- The claimant may choose to conceal the receipt
- Civil restitution becomes a State fine on the second filing
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles2177,2194,2207.
- Fernando v People GR255180 January31,2024 MAIN resolution: https://lawphil.net/judjuris/juri2024/jan2024/gr_255180_2024.html Distinct BP22 and estafa proceedings; one civil satisfaction.
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