Philippine Bar review · Question

Practice question: Direct Tortfeasor

Multiple Choice Hard

Practice question

A guardian ad litem is appointed in a proper Article 2182 action. Claimant then demands payment from that representative’s personal assets solely because of the appointment. No personal wrong or other liability basis is alleged. Which is sound?
  1. Every representative guarantees full payment.
  2. Appointment alone does not replace the actor’s own property with the representative’s personal assets.
  3. The appointment transfers title to the actor’s property.
  4. The representative automatically becomes the direct wrongdoer.
  5. The claimant need not prove actionable damage.

Legal references

  • Civil Code Articles 1173, 2176, 2180-2184: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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