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Philippine Bar review · Question

Practice question: Damages in Case of Death

Multiple Choice Hard Jurisprudence

Practice question

A friend received occasional voluntary gifts from the deceased but establishes no legal support obligation and no heir status. Friend invokes Article 2206(2) solely because gifts have stopped. Which is sound?
  1. The missing legal support obligation prevents automatic qualification under that paragraph.
  2. Every gift creates lifetime statutory support.
  3. Nonheir status alone supplies every requirement.
  4. All friends become heirs upon a tortious death.
  5. The defendant must replace every past gift automatically.

Legal references

  • Civil Code Articles 2206, 2208 and 2216-2225: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • University of Southeastern Philippines v. Sarate, G.R. No. 247617, November 25, 2025, en banc main decision, Part IV: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70367

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