Philippine Bar review · Question

Practice question: Double Recovery

Multiple Choice Medium

Practice question

A liable defendant has fully paid ₱500,000 specifically compensating one proved property loss. The victim seeks another ₱500,000 from the same defendant for exactly that same loss under an alternative quasi-delict theory. No other loss is involved. What follows?
  1. A different theory automatically doubles the same compensation.
  2. The satisfied loss cannot be compensated a second time merely by changing the legal theory.
  3. The first payment automatically proves a new injury.
  4. Only the payment’s paper size matters.
  5. Article 2177 requires a second full payment.

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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