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Question

G. Civil Liability Ex-Delicto: Primary and Subsidiary

Mr. Santos, a renowned businessman, was convicted of estafa for defrauding several investors. The court ordered Mr. Santos to pay restitution to the victims. However, after the conviction, Mr. Santos declared bankruptcy and claimed that he cannot fulfill his payment obligations.

In relation to the civil liability ex-delicto, consider the following scenarios:

1. Scenario 1: One of the victims, Mr. Reyes, filed a motion to compel payment against Mr. Santos. However, Mr. Santos argues that his civil liability should be considered subsidiary. Discuss the conditions for the subsidiary civil liability and how it applies in this context.
2. Scenario 2: Another victim, Ms. Gomez, filed a separate civil case against Mr. Santos for damages. She argues that the conviction in the criminal case already established Mr. Santos' civil liability and therefore she is entitled to compensation. Analyze the concept of primary civil liability in relation to the criminal conviction and discuss its application in this scenario.

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Answer