Practice question
A creditor first files a collection case for the checks and later institutes BP 22 charges. The collection trial has not started. The debtor asserts that the later prosecution automatically makes the earlier suit an impermissible post-filing reservation. Which is correct?
- The earlier suit necessarily becomes a prohibited reservation.
- The prior filing is distinct from a later reservation; the Rule contemplates possible consolidation on application, and duplicate recovery must be avoided.
- The creditor may collect the check amount twice.
- The civil court must criminally convict the debtor.
- No consolidation is ever contemplated.
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 111 section 1(b): BP 22 civil inclusion, prohibition of reservation, filing fees and prior civil-action consolidation.
- https://lawphil.net/judjuris/juri2008/jan2008/gr_158177_2008.html — Spouses Lo Bun Tiong v. Balboa, G.R. 158177, January 28, 2008, main opinion: earlier civil action and avoidance of duplicate recovery.
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