A.I. Powered: Philippine Bar Reviewer

Question

Subject: G. Civil Liability Ex-Delicto

Scenario:

John, a professional driver, was driving his employer's car when he accidentally hit a pedestrian, causing serious injuries. The pedestrian, Mark, filed a criminal case against John for reckless imprudence resulting in physical injuries. The court found John guilty and ordered him to pay damages to Mark.

Under Article 110 of the Civil Code, which provides for the preference in the payment of civil liabilities, answer the following question:

1. Who has the right to be preferred in the payment of civil liability - the injured party or other creditors?
2. If the injured party has the right to be preferred, what method should be followed in determining the preference of their claim?
3. Please explain the rationale behind the preference in payment as stated in Article 110.

---

Answer