Philippine Bar review · Question

Practice question: Apportionment of Civil Liability

Multiple Choice Medium Jurisprudence

Practice question

Two principals have fixed shares in a solidary civil award. The creditor demands payment from one, receives nothing, and then pursues the other. The first demand is invoked as an automatic bar. Which is sound?
  1. Every demand automatically extinguishes all liability.
  2. The first debtor’s silence pays the debt.
  3. The creditor may never address another principal.
  4. An unpaid demand alone does not prevent the subsequent demand under Article 1216.
  5. Only the number of demand letters matters.

Legal references

  • Revised Penal Code, Articles 109-110, apportioned shares and recourse: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
  • Civil Code, Articles 774-776, 1216-1220, 1231-1238, 1288 and 1292, as particularly relevant: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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