Philippine Bar review · Question

Practice question: Non-imprisonment for Debt

Multiple Choice Hard Jurisprudence

Practice question

A court in a proper criminal proceeding finds every element of an independently defined fraudulent act proved beyond reasonable doubt. The accused asserts only that the fraud also generated a repayment obligation, so Section 20 necessarily forbids any criminal punishment. Which is correct?
  1. Any duty to repay erases an otherwise established offense.
  2. A repayment obligation does not itself turn punishment for the independently proved criminal act into imprisonment for debt alone.
  3. A civil debt automatically supplies guilt without proof.
  4. All criminal courts lose jurisdiction over money-related conduct.
  5. Section 20 requires acquittal in every banking case.

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article III, Section 20.
  • Lozano v. Martinez, G.R. No. L-63419 et al., December 18, 1986, main decision: https://lawphil.net/judjuris/juri1986/dec1986/gr_l-63419_1986.html

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