Philippine Bar review · Question

Practice question: Preference in Payment of Civil Liability

Multiple Choice Medium Jurisprudence

Practice question

An offender pays a separately imposed fine and argues the victim’s unpaid reparation must therefore be marked paid without evidence of civil satisfaction. Which is best?
  1. Every fine payment automatically belongs to the victim.
  2. The victim may never receive a distinct civil award.
  3. The word monetary makes every obligation the same.
  4. Only the offender’s desired accounting matters.
  5. The fine receipt alone does not establish satisfaction of the separate civil obligation.

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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