Philippine Bar review · Topic
Preference in Payment of Civil Liability
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- Does paying a fine to the State itself necessarily prove payment of the victim’s separate civil indemnity?
- A judgment separately imposes a PHP 50,000 fine and PHP 50,000 reparation. Only PHP 50,000 is available for these liabi…
- An offender pays a separately imposed fine and argues the victim’s unpaid reparation must therefore be marked paid with…
- A civil indemnity and criminal fine are each based numerically on the same proven loss. A collector claims Article 38 c…
- The victim expressly and validly waives only the civil indemnity, while the distinct criminal fine remains enforceable.…
- Explain why equal numerical amounts do not merge a fine and civil indemnity.
- A State fine receipt is offered as conclusive proof that private reparation was paid. Evaluate.
- A victim validly waives only the civil indemnity. Explain the effect on the distinct criminal fine and the preference i…