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Philippine Bar review · Question

Practice question: Names of the Accused and the Offended Party

Multiple Choice Hard

Practice question

The accused argues that reimbursement to the originally named customer necessarily voids the charge and extinguishes the alleged estafa. What is the sound Ricarze-based response?
  1. A reimbursing bank becomes the sole criminal offender.
  2. Reimbursement and subrogation do not by themselves erase the identified alleged criminal transaction.
  3. Every reimbursement conclusively proves no crime ever occurred.
  4. The accused may select a new offended party without court action.
  5. The criminal charge automatically converts into a bank-license case.

Legal references

  • Rules of Court, Rule 110, Sections 7-15; Rule 116, Section 9; Rule 117, Sections 3(f) and 9; Rule 120, Section 3, as relevant: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Ricarze v. Court of Appeals, G.R. No. 160451, February 9, 2007, main decision: https://lawphil.net/judjuris/juri2007/feb2007/gr_160451_2007.html

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