Practice question
An offender owes a civil award arising from a penal offense, while the victim owes the offender a separate loan. He asserts automatic legal compensation solely from reciprocal amounts. Which is best?
- Every equal reciprocal sum necessarily cancels both debts.
- The civil award’s source is irrelevant.
- The offender may unilaterally erase the victim’s judgment.
- Article 1288’s specific bar must be applied rather than assuming automatic setoff.
- A separate loan automatically counts as a receipt for the award.
Legal references
- Revised Penal Code, Articles 38, 112 and 113, cited civil-payment and extinction rules: 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
Answer this question in flashcards to review your response and continue practicing.