Philippine Bar review · Question

Practice question: Restitution, Reparation, and Indemnification

Multiple Choice Medium Jurisprudence

Practice question

A victim dies after obtaining a final enforceable civil award. No extinction ground exists. The debtor says the victim’s death alone necessarily eliminates the heirs’ right to demand the award. Which is sound?
  1. Every civil award expires immediately on the creditor’s death.
  2. Only personal revenge may be inherited.
  3. The debtor automatically acquires the award.
  4. A final civil right can never enter an estate.
  5. Article 108 preserves transmission of the action to the proper heirs.

Legal references

  • Revised Penal Code, Articles 108 and 111, transmission and gratuitous participation in felony proceeds: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
  • Civil Code, Articles 774-776, 1216-1220, 1231-1238, 1288 and 1292, as particularly relevant: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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