Philippine Bar review · Question

Practice question: Independent Civil Actions

Multiple Choice Medium

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?
  1. The defendant chooses criminal status conclusively
  2. Every civil right requires prior conviction
  3. No noncriminal wrong can be actionable
  4. Only an acquittal creates the cause
  5. 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

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