Philippine Bar review · Question

Practice question: Primary and Subsidiary Liability

Multiple Choice Medium

Practice question

Two principals have court-determined class quotas of P40,000 and P60,000. The victim seeks the full P100,000 principal-class amount from the solvent principal under Article110. That principal invokes the internal P40,000 share as an absolute bar. What distinction applies?
  1. Every principal owes only a voluntary donation
  2. The internal share always defeats class solidarity
  3. The victim can recover nothing if one principal is insolvent
  4. Internal shares coexist with in-solidum liability within the principal class
  5. The court’s apportionment repeals 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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