Philippine Bar review · Question

Practice question: Preference in Payment of Civil Liability

Multiple Choice Medium

Practice question

For the pecuniary liabilities governed by Article38, property is insufficient to pay both reparation and a criminal fine in full. The offender proposes paying the fine first solely to favor the government. Is that the statutory order?
  1. Yes; fines always come first.
  2. No; Article38 places reparation ahead of the fine.
  3. Yes; the offender may freely reverse the list.
  4. Yes; civil damages are never collectible.
  5. No; because fines are never lawful.

Legal references

  • https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — Revised Penal Code Articles38 and72, order of pecuniary payment and preference among civil liabilities from multiple offenses.

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