Philippine Bar review · Question

Practice question: Apportionment of Civil Liability

Multiple Choice Hard

Practice question

A judgment allocates PHP 60,000 to the principals’ class, PHP 30,000 to an accomplice and PHP 10,000 to an accessory. The principals have fully paid their PHP 60,000. The accomplice is insolvent, while both principals and the accessory have sufficient property. The victim seeks payment of the accomplice’s unpaid quota through subsidiary liability. Which property is reached first under Article 110?
  1. The accessory’s property simply because accessories always pay first
  2. The principals’ property, following the statutory subsidiary order
  3. The victim’s property because a class is insolvent
  4. Only property voluntarily donated by relatives
  5. No property, because payment of the principals’ own quota extinguishes every other quota

Legal references

  • https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — Revised Penal Code, Articles 109–111, judicial shares, solidarity within classes, subsidiary order and gratuitous participation.

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