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?
- The fine is punitive and distinct; recognizing the civil-payment preference does not itself create duplicate civil compensation.
- A punitive fine is always the same civil payment.
- The preference necessarily abolishes the fine.
- Every equal fine and indemnity must be reduced to zero.
- 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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