Philippine Bar review · Question

Practice question: Preference in Payment of Civil Liability

Multiple Choice Hard Jurisprudence

Practice question

A civil indemnity and criminal fine are each based numerically on the same proven loss. A collector claims Article 38 cannot prefer the indemnity because that would amount to paying the same loss twice. Which is sound?
  1. The fine is punitive and distinct; recognizing the civil-payment preference does not itself create duplicate civil compensation.
  2. A punitive fine is always the same civil payment.
  3. The preference necessarily abolishes the fine.
  4. Every equal fine and indemnity must be reduced to zero.
  5. The numerical basis conclusively determines the payee.

Legal references

  • Nanzan v. People, G.R. No. 262084, April 3, 2024, main decision, fine versus civil indemnity and Article 38 preference: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/18/69480
  • Revised Penal Code, Articles 38, 112 and 113, cited civil-payment and extinction rules: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426

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