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Philippine Bar review · Question

Practice question: Liability Despite Absence of Fault or Negligence

Multiple Choice Medium

Practice question

An event, without fault or negligence by Carlo, damages Dina’s property and directly benefits Carlo. Both the damage and the same-event benefit are proved. Which answer best addresses Carlo’s complete “no negligence, no liability” defense?
  1. Article 23 supplies a possible indemnity basis despite the stipulated absence of negligence.
  2. The defense always succeeds against every civil claim.
  3. The benefit automatically transfers all Carlo’s property to Dina.
  4. Article 23 requires a criminal conviction first.
  5. Dina must prove a contract with Carlo in every case.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 23,432 and 2176.

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