Philippine Bar review · Question

Practice question: Preference in Payment of Civil Liability

Multiple Choice Hard

Practice question

Three civil liabilities arise from separate offenses with final judgments dated March 1, May 1, and September 1 of the same year. The September judgment has the largest award and the gravest prison penalty. No other competing legal preference is involved. The offender says size and severity make September first. Which is correct under Article72?
  1. The largest award necessarily comes first.
  2. The gravest prison penalty necessarily controls civil payment.
  3. The offender may choose any sequence.
  4. March, then May, then September; award size and prison severity do not replace the stated chronological rule.
  5. All three liabilities disappear because assets are insufficient.

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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