Practice question
Two gratuitous recipients received PHP 5,000 and PHP 15,000 of established felony proceeds respectively. Neither is a proved principal, accomplice or accessory, and no other solidary basis exists. A claimant invokes Article 111 alone to make each automatically liable for the entire loss. Which is sound?
- Every recipient automatically belongs to the principals’ class.
- Identify each recipient’s actual extent of participation rather than invent unrestricted solidarity from Article 111.
- A gift alone proves conspiracy in every case.
- Article 111 states every recipient owes every other recipient’s amount.
- The actual received amounts are irrelevant.
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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