Philippine Bar review · Question

Practice question: General Considerations

Multiple Choice Hard Jurisprudence

Practice question

A civil court considers a quasi-delict injury and is asked to copy a fixed criminal-case damages schedule without identifying its offense-specific conditions or applicability. The claimant says all damages schedules are universally interchangeable. Which is sound?
  1. Every schedule governs every source identically
  2. The court must identify the governing source and applicable statute or jurisprudence rather than transplant a schedule indiscriminately
  3. No case law can ever guide damages
  4. Only the defendant may choose the schedule
  5. Every civil injury must receive zero damages

Legal references

  • Civil Code, Articles 2195-2196 and 2201-2202: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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