Department of Legal Management

COLLEGE OF ARTS AND SCIENCES

San Beda University

OTHE CIVIL LAWS

MIDTERM EXAMINATIONS
SUGGESTED ANSWERS

1. Fortuitous event is an event independent unless the act complained of is the

of the will of the obligor but not of other proximate cause of the injury, there is
person’s act. legal liability.

TRUE. Independent of the will of the TRUE.

obligor which prevents him from
fulfilling his obligation. 8. Quasi-delict is a broad concept which is
not limited to what is provided for under
Article 2176 of the Civil Code.

2. Force majeure to be considered a False. Torts cover Article 2176

fortuitous event has to be totally
independent of any human will or
9.
intervention.
TRUE. It pertains to natural calamities
which are outside the will of the man.
Article 19 of the Civil Code speaks of the
principle of abuse of rights and entitles a
person damages for any acts committed
in the illegal performance or exercise of
such right.

3. Obligation arises from the meeting of the False. Art. 19 is a yardstick of human
minds between the parties with respect to conduct.
the object and consideration of their
agreement.
10. Liability in tort may co-exist with a
liability in contract toward the same
FALSE. Contracts pertain to the meetings person where, independently of the
of the minds which is one of the sources contract, there is a duty which has been
of an obligation. violated.

4. A prejudicial questions arises when there TRUE. Where the breach is the tort in
is a previously instituted civil action itself.
which involves an issue, similar or
intimately related to the issue raised in
11. There can be liability due from a
the subsequent civil action, the resolution
person(defendant), although an act or
of which determines whether the latter
event causing damage to another’s
action may proceed.
property was not due to such
person(defendant’s) fault or negligence.
FALSE. The latter action is criminal in
nature as per Art. 36 of the Civil Code.
TRUE. If he benefited, he can be held
liable. Principle of unjust enrichment.
5. Under the principle of vicarious liability,
the obligation imposed under quasi-delict
12. Every person who through an act or
is demandable not only for one’s own acts
performance by another, or any other
or omission, but also for those persons for
means, acquires or comes into possession
whom one is responsible.
of something at the expense of the latter,
without just or legal ground is obliged to
TRUE. As per Article 2180. pay or return what is acquired.

6. In a torts case, the negligent defendant TRUE. Same reasoning as no. 11

who had the last clear chance to avoid
causing damage or injury to the plaintiff,
13. Under Article 20 of the Civil Code,
then plaintiff’s contributory negligence is
indemnity will only follow if the act was
not a bar to recovery.
committed intentionally.

TRUE.
TRUE. Article 20 speaks of willful acts,
excluding those which are committed
7. A tortfeasor is liable for the natural and negligently or through fault.
proximate consequences of his act, but
1
14. Negligence in action for tort or quasi-
delict must be proven through
preponderance of evidence.
TRUE. Quantum of evidence in civil
cases.
FALSE. Exception is when the law
assumes certain facts.
15. In a criminal case, the civil liability arising
from the delict must likewise be proven
with proof beyond reasonable doubt. If
the accused is held not guilty, the
complainant is barred from claiming civil
liability.
FALSE. Recovery may still be had. Elcano
v. Hill, Barredo v. Garcia, Safeguard
Security case
16. Vicarious liability under Article 2180 is
also known as the Doctrine of Imputed
Liability.
TRUE. Imputation of liability to persons
who have control and custody over their
subordinates.
17. Under the Doctrine of Last Clear Chance,
defendant’s liability rests on proving that
the plaintiff had the last opportunity to
avoid injury which causes damage.
FALSE. It must be the defendant who had
the last opportunity.
18. In action for quasi-delict, the plaintiff’s
onus is to prove that the negligence of the
defendant is the proximate cause of the
injury.
TRUE.
19. In an action for damages arising from
negligence of the defendant, it is an
absolute the rule that such fact of
negligence is never presumed and must
be proven with preponderant evidence.
FALSE. Instances of presumption in favor
of the plaintiff. (e.g. common carriers)
20. The responsibility of two or more persons
who are liable for a quasi-delict is
solidary.
TRUE.