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All ▸ Bar 2024 ▸ CRIMINAL LAW ▸ II. REVISED PENAL CODE - BOOK ONE ▸ G. Civil Liability Ex-Delicto ▸ 2. Restitution, Reparation, and Indemnification - Articles 104-108

Question

G. Civil Liability Ex-Delicto - Restitution, Reparation, and Indemnification

Question:

Manny borrowed a valuable painting from his friend, Juan. While in Manny's possession, the painting was accidentally damaged beyond repair. Juan demanded restitution for the loss. Manny, unable to afford the full value of the painting, offers to pay Juan an amount equivalent to its appraised market value at the time of the damage. Juan agrees to the settlement, but later discovers that the appraised value was significantly lower than the actual value.

Based on the given situation, determine the following:

  1. What is the principle that governs restitution in cases of damage to property?
  2. Is Manny liable for restitution to Juan? Explain your answer.
  3. Can Juan demand the full value of the painting from Manny? Why or why not?


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