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Philippine Bar review · Question

Practice question: Liability Despite Absence of Fault or Negligence

Multiple Choice Medium

Practice question

A household possesses and maintains a dog belonging to an unpartitioned estate. The dog causes proved injury, with no statutory exception established. Does the household’s lack of exclusive title alone defeat Article 2183 liability?
  1. Yes, domestic dogs are excluded
  2. Yes, the estate’s unpartitioned status is automatic immunity
  3. Yes, only a pedigree holder can answer
  4. No
  5. Yes, every heir abroad must instead pay automatically

Legal references

  • Civil Code, Articles 19-23, 26, 28, 31-33, 1314, 2177, 2183 and 2187: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Vestil v. Intermediate Appellate Court, G.R. No. 74431, November 6, 1989, MAIN decision: https://lawphil.net/judjuris/juri1989/nov1989/gr_74431_1989.html

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