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Philippine Bar review · Question

Practice question: Liability Despite Absence of Fault or Negligence

Multiple Choice Hard

Practice question

An heir living abroad neither possesses nor uses the estate’s dog. Other relatives actually possess and maintain it. Is kinship or co-heirship alone enough to impose Article 2183 liability on the absent heir?
  1. Yes, every heir is automatically a possessor
  2. No; the relevant possession or use must be established
  3. Yes, location never matters to proof of possession
  4. Yes, all relatives guarantee every animal
  5. Yes, inheritance substitutes for every statutory element

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

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