Philippine Bar review · Question

Practice question: When Accused is Acquitted

Multiple Choice Hard

Practice question

An acquittal finds that the accused did not commit the charged theft. A claimant also alleges a separate, independently enforceable loan contract whose existence does not depend on that theft. Which is correct?
  1. The theft acquittal automatically cancels every loan.
  2. The claimant is automatically entitled to every amount alleged.
  3. The claimant may obtain a criminal conviction through the loan action.
  4. The ex delicto claim and the contractual claim have different sources; any surviving contract claim must be established through the proper civil procedure.
  5. The criminal judgment may be ignored for all purposes.

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 111 section 2 and Rule 120 section 2: civil liability, nonexistence finding and acquittal judgment contents.
  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code articles 29 and 31: reasonable-doubt acquittal and other sources.
  • https://lawphil.net/judjuris/juri2024/jan2024/gr_246489_2024.html — Spouses Nuez v. Daz, G.R. 246489, January 29, 2024, main opinion: distinct acquittal grounds and civil consequences.
  • https://lawphil.net/judjuris/juri2024/feb2024/gr_255308_2024.html — Paguirigan v. People, G.R. 255308, February 12, 2024, main opinion: reasonable-doubt acquittal with civil reimbursement.

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