Philippine Bar review · Question

Practice question: Preference in Payment of Civil Liability

Multiple Choice Easy Jurisprudence

Practice question

If a criminal fine and civil indemnity happen to be numerically equal, are they necessarily one obligation?
  1. No.
  2. Yes; equal numbers always mean identical legal obligations.
  3. Only the fine exists in every case.
  4. Only the indemnity exists in every case.
  5. The debtor may choose either label to erase both.

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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