Practice question
A defendant says Article 20 can never support civil indemnity unless a criminal court has first convicted the defendant. The claim instead concerns a proven negligent violation of law causing damage, with no special conviction prerequisite. Which is correct?
- The text does not impose that universal prior-conviction condition; the civil elements and any actually applicable special rule must be assessed
- Every Article 20 claim requires a criminal sentence
- Civil damage can never arise from a negligent statutory violation
- A defendant’s denial automatically defeats the claim
- Only a private contract can create an indemnity duty
Legal references
- Civil Code, Article 20: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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