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Philippine Bar review · Question

Practice question: Independent Civil Actions

Multiple Choice Hard

Practice question

An Article32 claim is asserted against a judge solely for an act that is affirmatively not a Penal Code or other penal-statute violation. No independent cause is at issue. Claimant ignores the article’s judge qualification. Which is correct?
  1. The express penal-violation qualification must be applied
  2. Every Article32 judge claim has no qualification
  3. Only the claimant decides the exception
  4. Any disliked ruling creates automatic liability
  5. The exception is expressly repealed by the article itself

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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