Practice question
A separate civil action arising from the charged offense cannot be instituted or has been suspended under Rule 111 section 2 during the criminal action’s pendency. The claimant asks about prescription during that period. Which is correct?
- Rule 111 never addresses tolling.
- Every independent quasi-delict action is automatically suspended on the same basis.
- The criminal prosecution automatically creates a perpetual right in every case.
- Section2 tolls the period for the civil action that cannot be separately instituted or whose proceeding has been suspended, within its stated scope.
- A tolling rule changes every action’s base period to one year.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1144,1146,1148 and1150–1155.
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rules of Court, Rule 111 sections 2–3: tolling and independent civil actions.
Answer this question in flashcards to review your response and continue practicing.