Practice question
Is reservation in the criminal action required to preserve a genuinely independent civil action under Articles 32, 33, 34 or 2176?
- Yes, in every instance.
- No; failure to reserve does not itself waive such an independent action.
- Yes, unless the accused consents.
- No, because damages are automatically paid.
- Yes, only a criminal judgment can create the right.
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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