Philippine Bar review · Question

Practice question: Joint Tortfeasors

Multiple Choice Hard

Practice question

Three solidary tortfeasors have equal internal shares in PHP300,000. A pays the full debt. B can reimburse, but C is insolvent and cannot pay the PHP100,000 share. Under Article1217’s proportional insolvency rule, absent other adjustments, how is C’s share borne between A and B?
  1. PHP50,000 each, so B’s total reimbursement to A is PHP150,000
  2. Entirely by A, with no statutory sharing
  3. Entirely by the victim after full satisfaction
  4. C’s insolvency revives the whole victim claim
  5. B owes PHP300,000 and A bears nothing

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1216–1220,2194.

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