Philippine Bar review · Question

Practice question: Primary and Subsidiary Liability

Multiple Choice Hard

Practice question

A civil judgment establishes the respective class quotas and all conditions for subsidiary enforcement. Solvent principals remain available for the relevant principal liability, but the claimant seeks to skip them and use accessories first solely because they are easier to locate. What statutory order matters?
  1. Principals first, then accomplices, and lastly accessories for the subsidiary liability
  2. Accessories must always pay before principals
  3. Convenience automatically reverses statutory order
  4. No hierarchy exists once any award is final
  5. The claimant’s preference erases Article110

Legal references

  • Revised Penal Code, Articles95-96,109-110 and159, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html

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