Philippine Bar review · Question

Practice question: Independent Civil Actions

Multiple Choice Hard

Practice question

A claimant proves a qualifying Article32 interference and asks moral and exemplary damages. Counsel argues independence from criminal proceedings automatically establishes every amount and mandates exemplary damages. Which is sound?
  1. Every independent case awards any sum demanded
  2. Availability differs from proof and discretionary exemplary relief
  3. No civil evidence is needed
  4. Exemplary damages are invariably mandatory
  5. The petition’s number of pages fixes damages

Legal references

  • Rules110 Section14,111 Sections1–3 and119 Section19: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Civil Code Articles29,32–34 and2034: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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