2013 (Criminal Law) Bar Exam Questions: Multiple Choice Question 1

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I.

The acquittal of an accused shall bar the civil action arising from the crime where the judgment of acquittal holds that ___________. (0.5%)

(A) the acquittal is based on reasonable doubt

(B) the liability of the accused is not criminal but civil in nature

(C) the civil liability does not arise  from or is not based on the criminal act for which the accused has been acquitted

(D)  the accused did not commit the act imputed to him

2 comments

  1. D. If the ruling of the court will make a finding that there was really no crime at all, then it presuppose that the accused shall not be civilly liable.

  2. C. Citing section 2 (4th paragraph Rule 111 Revised Rules of Criminal Procedure. The extinction of the penal action did not carry with it extinction of the civil action, However, the civil action based on delict shall be deemed extinguished if there is a finding in a final judgement in the criminal action that the act or omission from the civil liability may arise did not exist.

    The case of Faraon V Priela GR No. L-23129 August 2 1968
    Extinction of the penal action does not carry with it extinction of civil UNLESS the extinction proceeds from a declaration in a final judgement that the fact from which the civil might arise did not exist.

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