Philippine Bar review · Question

Practice question: Civil Liability of Persons Exempt from Criminal Liability

Multiple Choice Hard

Practice question

An adult exempt because of legally established insanity has no person exercising legal authority, guardianship or control over him. He owns both property subject to execution and property exempt from execution under civil law. The victim proves the civil loss. What does Article 101 provide?
  1. All his property is immune because criminal liability is absent
  2. The victim must recover from an unrelated neighbor
  3. Only exempt property may be taken
  4. The State must always pay the entire loss
  5. He responds with his own property, subject to the civil-law exemptions from execution

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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