Philippine Bar review · Question

Practice question: Independent Civil Actions

Multiple Choice Easy

Practice question

Is reservation in the criminal action required to preserve a genuinely independent civil action under Articles 32, 33, 34 or 2176?
  1. Yes, in every instance.
  2. No; failure to reserve does not itself waive such an independent action.
  3. Yes, unless the accused consents.
  4. No, because damages are automatically paid.
  5. 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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