Philippine Bar review · Question

Practice question: Waiver

Multiple Choice Hard

Practice question

Parties validly compromise the civil liability arising from an offense. The defendant then argues that the private civil compromise alone extinguishes the public criminal prosecution. What does Article 2034 provide?
  1. Every private settlement automatically pardons the offense
  2. Civil compromise does not extinguish the public action for the legal penalty
  3. Civil settlement makes every criminal law optional
  4. The victim may privately repeal the penal statute
  5. The prosecutor loses all authority whenever money is paid

Legal references

  • Civil Code, Articles 6, 19-21, 27, 32, 430, 1144-1155, 1757-1758 and 2034: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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