Practice question
All Article32 elements are established, but the conduct is not a criminal offense. Defendant says criminality is always prerequisite to the article’s independent civil action. Which is correct?
- The defendant chooses criminal status conclusively
- Every civil right requires prior conviction
- No noncriminal wrong can be actionable
- Only an acquittal creates the cause
- The article expressly applies whether or not the conduct constitutes an offense
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.