Philippine Bar review · Question

Practice question: Restitution, Reparation, and Indemnification

Multiple Choice Hard

Practice question

A damaged keepsake is recoverable. The victim asks the court both to return it with an allowance for diminished value and to award a separately proved consequential loss. The offender says the victim must choose exactly one Article 104 component even though the awards would address different losses without duplication. Which is correct?
  1. Article 104 invariably permits only one component
  2. All additional claims vanish once the thing is found
  3. Every claimed consequential loss must be granted without evidence
  4. The court must substitute imprisonment for all civil relief
  5. The court may apply the relevant components to distinct proven losses while avoiding duplicate compensation

Legal references

  • https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — Revised Penal Code, Articles 104–107, restitution, reparation and consequential damages.

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