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All Jurisprudence based

0 tracked cards Criminal Law

During a street brawl, X fatally shoots Y. X is later granted presidential amnesty, exempting him from criminal liability for the act. Y's heirs file a civil action for damages arising from the same act. (a) Is X civilly liable for damages despite the amnesty? (b) If civil liability exists, what damages are recoverable and against whom? (c) How may the plaintiff enforce this civil liability if X has limited or no funds to pay?

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Yes; damages recoverable are actual damages and moral damages; against X or, if X dies, his estate; enforcement by a separate civil action and, if funds are limited, execution on his assets. Yes; only if the offender is a public official; Not. No; amnesty extinguishes civil liability as well. Yes; damages recoverable are actual damages only; against X; enforcement by attachment of his assets.

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