Philippine Bar review · Question

Practice question: Independent Civil Actions

Multiple Choice Hard

Practice question

After a collision, one driver is charged with reckless imprudence. He and his vehicle’s owner allege that the private complainant’s negligence caused their own losses and file a properly pleaded quasi-delict action. Does the driver’s status as accused alone bar that civil case?
  1. Yes, an accused can never be an injured civil claimant.
  2. No; Casupanan recognizes the separate quasi-delict route when its requisites are established.
  3. Yes, only the first complainant can invoke negligence.
  4. No; their complaint automatically proves the other driver guilty.
  5. Yes, the civil claim must be a counterclaim inside the criminal case.

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 111 sections 1–3: ex delicto action and independent civil actions.
  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code articles 32, 33, 34, 2176 and 2177.
  • https://lawphil.net/judjuris/juri2002/aug2002/gr_145391_2002.html — Casupanan v. Laroya, G.R. 145391, August 26, 2002, main opinion: no reservation and independent quasi-delict.

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