Philippine Bar review · Question

Practice question: Preference in Payment of Civil Liability

Multiple Choice Easy Jurisprudence

Practice question

Does paying a fine to the State itself necessarily prove payment of the victim’s separate civil indemnity?
  1. Yes; every State receipt proves the victim received the money.
  2. The two payees are always legally identical.
  3. No.
  4. Every fine is the victim’s bank deposit.
  5. The victim’s claim automatically changes into costs.

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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