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Philippine Bar review · Question

Practice question: Culpa aquiliana vs. Culpa contractual vs. Culpa criminal

Multiple Choice Hard

Practice question

After a driver’s criminal conviction, an injured person pursues a properly grounded independent quasi-delict claim against the employer and has not recovered twice. The employer says the conviction forces all civil claims exclusively into subsidiary Penal Code liability. Under Barredo, which is correct?
  1. The conviction does not erase the distinct Civil Code basis
  2. Every conviction abolishes all quasi-delict claims
  3. Only a second criminal conviction can revive civil law
  4. The employer necessarily becomes immune
  5. The victim must accept zero damages regardless of the independent claim

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1759,2176–2180.
  • Revised Penal Code Act3815: https://lawphil.net/statutes/acts/act_3815_1930.html Article103.
  • Barredo v Garcia GR48006 July8,1942 MAIN: https://lawphil.net/judjuris/juri1942/jul1942/gr_48006_1942.html Primary employer tort liability distinguished from subsidiary penal liability.
  • Cangco v Manila Railroad GRL12191 October14,1918 MAIN: https://lawphil.net/judjuris/juri1918/oct1918/gr_l-12191_1918.html Contract liability distinguished from selection-supervision defense.

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