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This set of Philippines Civil Law Society Multiple Choice Questions & Answers (MCQs) focuses on Albano Set 13
Q1 | A, bus conductor killed a passenger. Is the operator civilly liable?
- Yes, based on contract, but with defense of the diligence of a good father of a family;
- Yes, based on quasi-delict;
- Yes, based on breach of contract of carriage, but cannot interpose the defense of due diligenc;
- Yes, but subsidiary in case of insolvency of the driver.
Q2 | A, a seaman with a contract for two (2) years was required to disembark due to the sale of the vessel. Within what period should he file an action to collect his unpaid wages for one (1) year?
- Within 3 years because it is the consequence of an employer-employee relationship;
- Within 10 years because there is a written contract;
- Within 4 years because the action is based on injury to his rights as there was no justifiable reason for his separation from employment. (Art. 1146, NCC; Pantil Co. v. Aujar, 09 November 1988; Valencis v. Portland Cement, 106 Phil. 732);
- Within 10 years because the action is based on law.
Q3 | ABC Corp. is the owner of a hospital where Doctor A is a visiting consultant. A conducted an operation at the hospital of a woman-neighbor but left two (2) gauzes inside the inscission of the patient resulting in infections and eventual death of the patient. Who can be sued for damages?
- The patient’s heirs can sue the doctor alone for his negligent act.
- The heirs can sue the hospital alone.
- The heirs can sue the hospital and the doctor solidarily because of the doctrine of corporate negligence of the hospital.
- The heirs can sue the hospital and the doctor because the doctor is an employee, hence, they are solidarily liable.
Q4 | A is a teacher of St. Jude elementary school. While the pupils were in class, B, one of the pupils boxed the face of C, another pupil resulting in the blindness of his left eye. Who is liable?
- The parents of B are liable.
- The school is liable.
- The teacher is liable regardless of the nature of the school.
- The teacher is not liable because the school is not a school of arts and trades.
Q5 | A is the owner of a car driven by B. While on his way to fetch A at his office, the motor vehicle met an accident resulting in the death of C, a pedestrian. He was sued for imprudence resulting in homicide and convicted with civil indemnity in the amount of P500,000.00. Who may be liable for the amount of damages?
- Only B is a liable.
- A & B are solidarily liable if A cannot prove the diligence of a good father of a family in the selection and supervision of B.
- A is subsidiarily liable in case of insolvency of B.
- A cannot be liable because he was not a party to the criminal action, otherwise, he would be deprived of the right to due process.
Q6 | A is an owner of a horse. He asked B to take care of it while reviewing for the Bar Exams. After the examination, he went to B to get back the horse but as he got near the horse, he was kicked by the horse on his face resulting in his blindness. He sued B for damages. Is B liable for damages?
- B is not liable because of a force majeure.
- B is liable because at the time A was injured B was in possession of the horse.
- A is not entitled to an award of damages because the injury is self-inflicted being the owner of the house.
- A is not entitled to damages because of his own negligence.
Q7 | ABC Corp. is a furniture manufacturing company. One weekend, the manager and two (2) employees had an overtime to finish a work upon instruction of A, the President. At 12:00 midnight they were through with the work, so B, the manager went back home driving a company car but dropped by a coffee shop to have midnight snacks and a cup of coffee. At 1:30 a.m., he was driving the company car on his way home when a motorcycle collided with the car resulting in the death of C, the motorcycle rider. At the time of the collision, a woman shouted “Papa” as she was surprised by the sudden collision. Who is liable for the death of C?
- The company is liable because the manager was still performing his tasks.
- B alone is liable because at the time of the accident, he was not performing his tasks.
- The company & B are solidarily liable.
- B, but in case of insolvency, the company.
Q8 | A & B are married. They have a 10-year old son, C. X & Y, who are childless filed a petition for adoption on June 16, 2010, seeking to adopt C. It was submitted for resolution on December 15, 2010. On December 31, 2010 C was playing with a neighbor D who is likewise a minor, using the airgun of C’s father. He pointed the gun to D, squeezed the trigger and killed D. The petition was granted on January 10, 2011. Who may be liable?
- The parents of D can sue A & B for damages.
- The parents of D can sue X & Y for damages because the effects of adoption are retroactive to the date of the filing of the petition for adoption.
- The parents of D can sue A & B, X & Y for damages who are solidarily liable.
- The parents of D can sue C represented by his parents but his properties can be made to answer for the damages sustained.
Q9 | A promised marriage to B, a gainfully employed girl. Before the marriage, they agreed that B would resign from the job, hence, a week before the date set for the wedding, B resigned, but A did not comply with the promise of marriage. B sued A for damages. Is A liable for damages?
- A is not liable because mere breach of promise to marry is not an actionable wrong.
- A is liable because there was an act independent of the breach of promise to marry.
- A is not liable because it is his right to back out from the wedding.
- A is not liable because it was voluntary for B to resign and that she is presumed to take care of her own concerns.
Q10 | A, an employee of XYZ Corp., receiving a salary of P40,000.00 per month died due to a vehicular accident. During the trial of the case filed by his heirs, the latter failed to produce his income tax returns as he never filed the same with the BIR and yet, they were claiming for damages due to unearned income. Is the defendant liable?
- The defendant is not liable for the unearned income as there was no documentary evidence to prove the same.
- The defendant is liable because testimonial evidence is sufficient to prove the unearned income.
- The defendant is liable because the law automatically provides for liability in case of death.
- The defendant is liable as it is the natural consequence of his wrongful act.
Q11 | A killed B. After trial A was convicted of the crime of murder and the court imposed the penalty of reclusion perpetua. Which amount of civil indemnity may be awarded by the court?
- P50,000.00
- P75,000.00
- P3,000.00
- P150,000.00, the actual earnings of B.
Q12 | In an information for murder, there is no allegation of aggravating circumstances. The prosecutor, however presented evidence on the aggravating circumstances during the trial. What for is the presentation of evidence of aggravating circumstances if they were not alleged?
- To prove that the accused may be liable for moral damages.
- To prove the guilt of the accused beyond reasonable doubt.
- To prove that the accused is liable for exemplary damages.
- He cannot do it because he can only prove what has been alleged in the information.
Q13 | X is the owner of a domesticated dog. He left it at his compound while at work. Y, a neighbor threw stone at the dog, trying to play with it as he used to do. The dog was hit, hence, it jumped from the compound of X and went after Y who got injured when he fell while running away from the dog. Is X liable for damages?
- X is liable as owner/possessor of the dog.
- X is not liable because of force majeure.
- X is not liable because of Y’s fault for throwing stones at the dog.
- X is liable but the court will temper the award of damages due to contributory negligence of Y.
Q14 | A and B entered into a contract for B to construct the house of A for P10M. XYZ are partners engaged in the construction of houses. As they are friends of A, they told him that they can construct his house for only P8M and told him to cancel the contract with B. He cancelled the contract with B. What is the right of B?
- B can sue A for breach of contract.
- B can sue XYZ partnership because of interference in contractual relationship.
- B can sue X,Y,Z for inducing A to violate his contract.
- B can sue A, and XYZ partnership for breach of contract.
Q15 | A had a 4-storey building which was constructed by Engineer B and at the same time the contractor. After five years, the building developed cracks and its stairway eventually gave way and collapsed due to poor quality of materials used in the construction, resulting to injuries to some lessees. Who should the lessees sue for damages?
- A, the owner;
- Both A and B;
- B, the contractor;
- No one because of wear and tear of the building.
Q16 | ABC Corp. is an owner of a Medical School & Hospital. X, a commentator of a radio station verbally attacked the corporation hence, the latter sued him for damages. Is the school entitled to moral damages?
- ABC Corp. is not entitled to moral damages because it has no nervous system to feel the wounded feelings and besmirched reputation.
- ABC Corp. is entitled to moral damages because it has a personality that can be maligned, tarnished or demeaned;
- X, the commentator can interpose the defense of truth.
- No, because it cannot suffer sleepless nights.
Q17 | A & B are married. B who was then pregnant by six (6) months was on board a bus going to the office. The vehicle met an accident resulting in injuries to B and death of the fetus. They sued the bus company for damages due to the death of the fetus. Is the company liable?
- A & B are entitled to an award of compensatory damages in the amount of P50,000.00 for the death of the fetus.
- A & B can be entitled to an award of moral damages for the death of the fetus.
- A & B are not entitled to any amount of damages because the fetus has yet to be born in order to die.
- A & B are entitled to damages because the fetus had life inside the womb of the mother which the constitution and the law protect.
Q18 | A courted B and promised to marry her. The wedding was set on February 14, 2011 but at the date set for the celebration. A did not appear at the church. B sued A for damages for breach of promise to marry alleging that all preparations have been made and there were so many people who attended their scheduled wedding. She knew however that A was married but still submitted herself to sexual desires of A. Is A liable?
- A is not liable because mere breach of promise to marry is not an actionable wrong.
- A is liable because he caused sleepless nights, wounded feelings to B by not appearing at the church.
- B is not entitled to damages because of mutual lust.
- B has to bear her own losses.
Q19 | A raped and killed a minor girl. He was convicted after trial. He can be held liable for exemplary damages. What is the basis?
- The basis of the award of exemplary damages is found solely in Article 2230, NCC;
- Exemplary damages can only be awarded if there is more than one (1) aggravating circumstances;
- Exemplary damages can also be awarded where the circumstances of the case show the highly reprehensible or outrageous conduct of the offender and to set a public example, to serve as deterrent to elders who abuse and corrupt the youth and to protect the latter from sexual abuse.
- The existence of aggravating circumstances.
Q20 | A was one of the passengers of a vessel of Sulpicio Lines that sank resulting in the death of hundreds of passengers including A. The heirs of A filed an action for damages praying for compensatory, exemplary, moral damages. The brothers and sisters intervened and prayed for moral damages. Are they correct?
- Yes, the brothers and sisters of A are entitled to moral damages because of the mental anguish they suffered by reason of A’s death;
- Yes, the brothers and sisters of A are entitled because the law provides that moral damages may be recovered in the following and analogous cases, they being collateral relatives who are entitled to inherit;
- No, only the spouse, legitimate and illegitimate descendants and ascendants of A are entitled to an award of moral damages;
- The brothers and sisters of A are entitled to moral damages because of the injury suffered by them due to the act or omission of Sulpicio which was the proximate cause of A’s death.
Q21 | A and B are married. They have been in possession of an agricultural land of the public domain as early as 1935. After their death C and D, their heirs inherited the same. Can they register the land?
- No, because the land forms part of the public domain;
- Yes, because their predecessors have been in possession continuously, openly, publicly and adversely of an alienable land of the public domain as early as June 12, 1945 thus, converting ipso jure the same to private land;
- No, because of the Regalian Doctrine;
- No, because prescription does not lie against the State.
Q22 | A owns a parcel of land. Through the natural current of the river, there was a gradual increase in the area from 11,000 square meters to 13,000 square meters in a period of 8 years. Can A register the land?
- No, because it is a public land;
- No, because he has not acquired it by prescription as the State is not bound by the rules on prescription;
- Yes, being the riparian owner, he is the owner of the accretion;
- No, because he has not possessed it for a period of 10 years.
Q23 | A is the owner of a parcel of land adjoining a river. There is an accretion formed through the natural current of the river. In 1980, his neighbor took possession of the accretion. In 2011, B filed an application for registration. Will the petition prosper?
- No, because A is the owner being the owner the land to which the accretion is attached;
- No, because the accretion is a public land;
- Yes, having acquired it by prescription after 30 years of possession even in bad faith and without title;
- No, because the title of A is imprescriptible, the accretion being covered by the phrase “more of less.”
Q24 | A is the owner of a parcel of land covered by TCT No. 1 consisting of 10,000 square meters more of less adjoining the river bank. Accretion was formed which has been in the possession of B in 1990, but it was disposed of by the Director of Lands to B in s2010. Is the Director correct?
- Yes, because the accretion forms part of the alienable land of the public domain;
- Yes, because of the Regalian Doctrine;
- No, because it belongs to A, being the riparian owner, hence, a private land;
- Yes, because of prescription.
Q25 | A filed an application for confirmation of imperfect or incomplete title over a parcel of land. It was dismissed. Can A re-file the same?
- No, because of res judicata;
- Yes, because the dismissal does not constitute res judicata unless dismissed with prejudice;
- No, because the dismissal means that A has not been able to establish his right, hence, the second application is a fishing expedition;
- No, because of lack of cause of action.