Philippine Bar review · Question

Practice question: Prescription

Multiple Choice Hard

Practice question

A victim has a properly characterized independent Article 2176 action that may proceed under Rule 111 section 3. The victim waits beyond the applicable period and claims section 2 necessarily tolled it solely because a criminal case concerning the same accident was pending. No other tolling basis is shown. Which is best?
  1. Any criminal case automatically suspends every civil action and every period.
  2. The victim may call every action ex delicto after prescription to avoid its true source.
  3. The independently proceeding action must be distinguished from section 2’s specified suspended or noninstitutable action; common facts alone do not establish the asserted automatic tolling.
  4. Every quasi-delict action is governed by the sentence imposed in the criminal case.
  5. Prescription depends only on the amount claimed.

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.