Practice question
A payee had filed no civil case before a BP 22 prosecution began. Before prosecution evidence, the payee files an express reservation and plans a later separate suit for the corresponding civil claim. Counsel argues that the reservation is effective because it was early. Is this sound?
- Yes, early timing always validates a reservation.
- Yes, provided no private prosecutor appears.
- Yes, because every BP 22 case lacks a civil aspect.
- No; the special prohibition controls despite compliance with the general timing rule.
- No; the payee must instead file two criminal cases.
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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