Philippine Bar review · Question

Practice question: Double Recovery

Multiple Choice Easy

Practice question

Does a defendant’s criminal fine paid to the State necessarily compensate the victim’s private pecuniary loss?
  1. No; a State fine and compensation to the victim are distinct
  2. Yes, every fine is automatically paid to the victim
  3. Yes, all penalties are private restitution
  4. Yes, fines necessarily satisfy every medical bill
  5. Yes, the victim automatically owns the treasury payment

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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