Philippine Bar review · Question

Practice question: Double Recovery

Multiple Choice Medium

Practice question

A defendant pays ₱200,000 toward an established ₱800,000 compensatory obligation for the same loss. In a proper remaining claim, what must the court do with that payment?
  1. Ignore it because it was made before trial.
  2. Increase the demand to ₱1,000,000 automatically.
  3. Credit the payment against the same loss so the claimant does not obtain duplicate satisfaction.
  4. Treat the payment as proof every unrelated defense is waived.
  5. Award ₱800,000 again in addition to the payment without inquiry.

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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