Log In Create Account

Philippine Bar review · Question

Practice question: Damages in Case of Death

Multiple Choice Hard

Practice question

A deceased person was self-employed, earning below the applicable minimum wage, in work where the court can properly recognize that income documents are unavailable. The relevant facts and credible evidence are established. The defendant insists documentary absence invariably defeats every loss-of-earning claim. Which is correct?
  1. Apolinario recognizes qualified exceptions, including the specified self-employed situation; the facts must fit rather than impose an absolute bar
  2. Every claimant is automatically exempt from proof
  3. Self-employment alone guarantees any amount
  4. No testimony can ever matter
  5. The court must award every proposed forecast

Legal references

  • Apolinario, G.R. 219686, November 27, 2024, including its stated documentary-proof exceptions: https://lawphil.net/judjuris/juri2024/nov2024/gr_219686_2024.html

Answer this question in flashcards to review your response and continue practicing.