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?
- Any criminal case automatically suspends every civil action and every period.
- The victim may call every action ex delicto after prescription to avoid its true source.
- 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.
- Every quasi-delict action is governed by the sentence imposed in the criminal case.
- 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.