Philippine Bar review · Question

Practice question: Implied Institution of Civil Action Ex Delicto

Multiple Choice Hard

Practice question

The civil action is properly deemed instituted. The claimant asserts that this procedural status alone proves every civil element and requested amount. Which is sound?
  1. Inclusion automatically proves every damage
  2. Institution and proof of entitlement remain distinct
  3. The accused has no civil defense
  4. No evidence can ever be received
  5. The claim amount is fixed by filing

Legal references

  • Rules110 Section14,111 Sections1–3 and119 Section19: https://lawphil.net/courts/rules/rc_110-127_crim.html

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