Philippine Bar review · Question

Practice question: Non-imprisonment for Debt

Multiple Choice Medium Jurisprudence

Practice question

A creditor files a proper civil collection case on a loan and seeks only lawful property remedies, not imprisonment. The borrower argues that Section 20 forbids any attempt to collect. Which is correct?
  1. The clause automatically forgives every debt.
  2. The clause does not by itself prohibit lawful civil collection or property enforcement.
  3. Only a foreign court may hear any loan case.
  4. The creditor must obtain a criminal conviction before suing civilly.
  5. A civil complaint automatically jails the borrower.

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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