Practice question
Can an accepted valid payment by a third person affect the creditor’s outstanding civil claim even though the original offender did not personally hand over the money?
- No; only the offender’s physical hand may deliver valid payment.
- Every third-party payment is legally nonexistent.
- Yes, under the applicable payment rules.
- The creditor must collect the same amount twice.
- Payment always changes criminal guilt retroactively.
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
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