Top 250+ Solved Albano MCQs MCQ Questions Answer

From 31 to 45 of 229

Q. A, bus conductor killed a passenger. Is the operator civilly liable?

a. Yes, based on contract, but with defense of the diligence of a good father of a family;

b. Yes, based on quasi-delict;

c. Yes, based on breach of contract of carriage, but cannot interpose the defense of due diligenc;

d. Yes, but subsidiary in case of insolvency of the driver.

  • c. Yes, based on breach of contract of carriage, but cannot interpose the defense of due diligenc;

Q. A, a seaman with a contract for two (2) years was required to disembark due to the sale of the vessel. Within what period should he file an action to collect his unpaid wages for one (1) year?

a. Within 3 years because it is the consequence of an employer-employee relationship;

b. Within 10 years because there is a written contract;

c. Within 4 years because the action is based on injury to his rights as there was no justifiable reason for his separation from employment. (Art. 1146, NCC; Pantil Co. v. Aujar, 09 November 1988; Valencis v. Portland Cement, 106 Phil. 732);

d. Within 10 years because the action is based on law.

  • c. Within 4 years because the action is based on injury to his rights as there was no justifiable reason for his separation from employment. (Art. 1146, NCC; Pantil Co. v. Aujar, 09 November 1988; Valencis v. Portland Cement, 106 Phil. 732);

Q. ABC Corp. is the owner of a hospital where Doctor A is a visiting consultant. A conducted an operation at the hospital of a woman-neighbor but left two (2) gauzes inside the inscission of the patient resulting in infections and eventual death of the patient. Who can be sued for damages?

a. The patient’s heirs can sue the doctor alone for his negligent act.

b. The heirs can sue the hospital alone.

c. The heirs can sue the hospital and the doctor solidarily because of the doctrine of corporate negligence of the hospital.

d. The heirs can sue the hospital and the doctor because the doctor is an employee, hence, they are solidarily liable.

  • c. The heirs can sue the hospital and the doctor solidarily because of the doctrine of corporate negligence of the hospital.

Q. A is a teacher of St. Jude elementary school. While the pupils were in class, B, one of the pupils boxed the face of C, another pupil resulting in the blindness of his left eye. Who is liable?

a. The parents of B are liable.

b. The school is liable.

c. The teacher is liable regardless of the nature of the school.

d. The teacher is not liable because the school is not a school of arts and trades.

  • c. The teacher is liable regardless of the nature of the school.

Q. A is the owner of a car driven by B. While on his way to fetch A at his office, the motor vehicle met an accident resulting in the death of C, a pedestrian. He was sued for imprudence resulting in homicide and convicted with civil indemnity in the amount of P500,000.00. Who may be liable for the amount of damages?

a. Only B is a liable.

b. A & B are solidarily liable if A cannot prove the diligence of a good father of a family in the selection and supervision of

c. A is subsidiarily liable in case of insolvency of B.

d. A cannot be liable because he was not a party to the criminal action, otherwise, he would be deprived of the right to due process.

  • c. A is subsidiarily liable in case of insolvency of B.

Q. A is an owner of a horse. He asked B to take care of it while reviewing for the Bar Exams. After the examination, he went to B to get back the horse but as he got near the horse, he was kicked by the horse on his face resulting in his blindness. He sued B for damages. Is B liable for damages?

a. B is not liable because of a force majeure.

b. B is liable because at the time A was injured B was in possession of the horse.

c. A is not entitled to an award of damages because the injury is self-inflicted being the owner of the house.

d. A is not entitled to damages because of his own negligence.

  • b. B is liable because at the time A was injured B was in possession of the horse.

Q. A & B are married. They have a 10-year old son, C. X & Y, who are childless filed a petition for adoption on June 16, 2010, seeking to adopt C. It was submitted for resolution on December 15, 2010. On December 31, 2010 C was playing with a neighbor D who is likewise a minor, using the airgun of C’s father. He pointed the gun to D, squeezed the trigger and killed D. The petition was granted on January 10, 2011. Who may be liable?

a. The parents of D can sue A & B for damages.

b. The parents of D can sue X & Y for damages because the effects of adoption are retroactive to the date of the filing of the petition for adoption.

c. The parents of D can sue A & B, X & Y for damages who are solidarily liable.

d. The parents of D can sue C represented by his parents but his properties can be made to answer for the damages sustaine

  • a. The parents of D can sue A & B for damages.

Q. A promised marriage to B, a gainfully employed girl. Before the marriage, they agreed that B would resign from the job, hence, a week before the date set for the wedding, B resigned, but A did not comply with the promise of marriage. B sued A for damages. Is A liable for damages?

a. A is not liable because mere breach of promise to marry is not an actionable wrong.

b. A is liable because there was an act independent of the breach of promise to marry.

c. A is not liable because it is his right to back out from the wedding.

d. A is not liable because it was voluntary for B to resign and that she is presumed to take care of her own concerns.

  • b. A is liable because there was an act independent of the breach of promise to marry.

Q. A, an employee of XYZ Corp., receiving a salary of P40,000.00 per month died due to a vehicular accident. During the trial of the case filed by his heirs, the latter failed to produce his income tax returns as he never filed the same with the BIR and yet, they were claiming for damages due to unearned income. Is the defendant liable?

a. The defendant is not liable for the unearned income as there was no documentary evidence to prove the same.

b. The defendant is liable because testimonial evidence is sufficient to prove the unearned income.

c. The defendant is liable because the law automatically provides for liability in case of death.

d. The defendant is liable as it is the natural consequence of his wrongful act.

  • a. The defendant is not liable for the unearned income as there was no documentary evidence to prove the same.

Q. In an information for murder, there is no allegation of aggravating circumstances. The prosecutor, however presented evidence on the aggravating circumstances during the trial. What for is the presentation of evidence of aggravating circumstances if they were not alleged?

a. To prove that the accused may be liable for moral damages.

b. To prove the guilt of the accused beyond reasonable doubt.

c. To prove that the accused is liable for exemplary damages.

d. He cannot do it because he can only prove what has been alleged in the information.

  • c. To prove that the accused is liable for exemplary damages.

Q. X is the owner of a domesticated dog. He left it at his compound while at work. Y, a neighbor threw stone at the dog, trying to play with it as he used to do. The dog was hit, hence, it jumped from the compound of X and went after Y who got injured when he fell while running away from the dog. Is X liable for damages?

a. X is liable as owner/possessor of the dog.

b. X is not liable because of force majeure.

c. X is not liable because of Y’s fault for throwing stones at the dog.

d. X is liable but the court will temper the award of damages due to contributory negligence of Y.

  • d. X is liable but the court will temper the award of damages due to contributory negligence of Y.

Q. A and B entered into a contract for B to construct the house of A for P10M. XYZ are partners engaged in the construction of houses. As they are friends of A, they told him that they can construct his house for only P8M and told him to cancel the contract with B. He cancelled the contract with B. What is the right of B?

a. B can sue A for breach of contract.

b. B can sue XYZ partnership because of interference in contractual relationship.

c. B can sue X,Y,Z for inducing A to violate his contract.

d. B can sue A, and XYZ partnership for breach of contract.

  • b. B can sue XYZ partnership because of interference in contractual relationship.
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