Practice question
A court finds all Article 11(4) necessity requisites satisfied when a person damages a barrier to prevent greater harm to two private businesses. No special-law allocation circumstance applies. The court finds one business received 75% of the benefit and the other 25%. For a properly established civil loss of PHP 80,000, what allocation follows Article 101?
- PHP 40,000 to each business regardless of benefit
- No civil liability because the act was justified
- PHP 80,000 exclusively against the person who removed the barrier
- PHP 60,000 against the first business and PHP 20,000 against the second
- PHP 80,000 against each business, with double payment to the owner
Legal references
- https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — Revised Penal Code, Article 101, civil consequences of specified exempting and justifying circumstances.
- https://lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html — section 6, current minimum age and preservation of civil liability.
- https://lawphil.net/statutes/repacts/ra2013/ra_10630_2013.html — section 3, amending RA 9344 section 6, current age exemption and express preservation of civil liability.
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