Philippine Bar review · Question

Practice question: Apportionment of Civil Liability

Multiple Choice Hard

Practice question

P and Q are principals whose judicial shares are PHP 40,000 and PHP 20,000. An accomplice’s share is PHP 30,000, and an accessory’s share is PHP 10,000. Q and the accomplice are insolvent. The accessory pays his own PHP 10,000. P validly pays the principals’ PHP 60,000 and the accomplice’s PHP 30,000 under Article 110. Which statement correctly describes P’s recourse?
  1. P has no recourse because his payments satisfied the victim
  2. P may collect his own PHP 40,000 again from the victim
  3. P may collect the accessory’s PHP 10,000 even though that quota was already paid
  4. P may pursue Q’s PHP 20,000 and the accomplice’s PHP 30,000 respective shares, without shifting P’s own PHP 40,000
  5. P may automatically divide PHP 90,000 equally among all witnesses

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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