Philippine Bar review · Question

Practice question: Accident or Fortuitous Event

Multiple Choice Medium

Practice question

An event was predicted accurately but proved inevitable despite all required care; no defendant contribution or applicable risk exception exists. Does prediction alone necessarily defeat Article 1174?
  1. Yes; foresight alone conclusively proves avoidability.
  2. Yes; predicted events can never qualify.
  3. No; therefore no factual proof is needed.
  4. No.
  5. Yes; all predicted losses must be paid.

Legal references

  • Civil Code Articles 1174, 1759, 2176-2180: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Mindex Resources Development v. Morillo, G.R. No. 138123, March 12, 2002, main decision: https://lawphil.net/judjuris/juri2002/mar2002/gr_138123_2002.html

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