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?
- Every independent case awards any sum demanded
- Availability differs from proof and discretionary exemplary relief
- No civil evidence is needed
- Exemplary damages are invariably mandatory
- 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
Answer this question in flashcards to review your response and continue practicing.