Philippine Bar review · Question

Practice question: Preference in Payment of Civil Liability

Multiple Choice Hard

Practice question

In one conviction, the court orders PHP8,000 reparation, PHP4,000 consequential-damage indemnification, and a PHP2,000 fine. Exactly PHP10,000 is lawfully available for these Article38 liabilities; no exemption or other competing claim is involved. Which allocation follows the order?
  1. PHP2,000 fine, PHP8,000 reparation, nothing for indemnification.
  2. PHP4,000 indemnification, PHP2,000 fine, PHP4,000 reparation.
  3. PHP8,000 reparation and PHP2,000 toward indemnification, with no payment yet to the fine.
  4. PHP10,000 entirely to the fine.
  5. Equal amounts to each category regardless of the statutory order.

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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