MULTIPLE CHOICE QUESTIONS

(Damages)
 by: Divina Grace Yu

1. Moral damages may be recovered in the following, except:

a. Illegal or arbitrary detention or arrest;

b. Illegal search;

c. Disrespect to the dead;

d. Malicious prosecution;

e. None of the above

2. In the adjudication of moral damages ____________ of property,

real or personal may be considered.

a. Sentimental value

b. Fair Market Value

c. Cost
 d. Zonal Value

e. FMV or Zonal value whichever is higher

3. The following are the requisites for the award of moral damages,
except;

a. There is an injury whether physical, mental or psychological

actually sustained by the claimant;

b. There is a culpable act or omission factually established;

c. The wrongful act or omission of the plaintiff is the proximate

cause of the injury sustained by the claimant;
d. Award of damages is predicated on any of the cases stated in
Art.2219, NCC

e. None of the above.

4. The record shows that Ann became pregnant by her husband,

Jun, prior to their marriage; that to conceal her pregnancy, she
had herself aborted by Dr. X, a physician; that after she got
married to Jun, she became pregnant again, finding her
pregnancy inconvenient, she had herself aborted by the same
physician. Jun brought an action to recover moral damages from
Dr. X. Can Dr. X be held liable?

a. Yes, Dr. X can be held liable for the mental anguish of Jun if
the abortion is without his knowledge and consent.

b. Yes, Dr. X can be held liable for the mental anguish of Jun
whether or not he has knowledge and consent of the abortion.

c. Yes, Dr. X can be held liable. The civil code fixes a minimum
of P3,000 for the death of a person.

d. Yes, Dr. X can be held liable for the death of the child only.

e. All of the above

5. In order for the aggrieved party recover moral damages for

malicious prosecution, the following requisites must be present,
except;
 a. the aggrieved party has been charged falsely of an offense by
the defendant;

b. the defendant knows that the charge was false;

c. the defendant acted with malice;

d. the damages suffered;

e. none of the above

6. B, a passenger of a taxicab fell out of the vehicle. As a result, he

suffered slight physical injuries. The driver was subsequently
prosecuted and convicted. Having reserved his right to institute
a civil action, B finally brought an action against the Taxicab
owner to recover damages. Granting that he can recover actual
damages can B recover moral damages?

a. yes, base on article 19 (1), NCC; a criminal offense resulting in

physical injuries

b. yes, base on article 19 (2), NCC; quasi-delicts causing physical

injuries;

c. yes, base on article 103, RPC; which would make the

employer subsidiarily liable;

d. no, the driver is the one who committed the criminal offense
and the action is based on culpa contractual;

e. ‘b’ and ‘c’ only

7. Suppose in the above situation B died. Can B recover moral

damages?

a. No, there can be no recovery of moral damages for a breach

of contract in the absence of fraud;

b. yes, violation of contract of carriage leading to passenger’s

death may recover moral damages;

c. yes, base on article 103, RPC; which would make the

employer subsidiarily liable;

d. no, the driver is the one who committed the criminal offense
 and the action is based on culpa contractual;

e. ‘b’ and ‘c’ only

8. There was a contract of sale of a property. Despite demands

made, the buyer failed and refused to pay the unpaid balance.
He even sold the property to a third person. May the vendor be
awarded nominal damages? Why?

a. Yes, Yes, because the buyer violated the right of the seller to
receive the unpaid balance.

b. No, the vendor is only allowed the unpaid balance.

c. Yes, for the purpose of vindicating or recognizing the right of
the vendor.

d. No, the vendor should be awarded damages for

indemnification of the loss only, which in the present case,
vendor did not suffer any.

e. ‘a’ and ‘c’ only.

9. If the victim does not die, but merely suffers physical injuries, he
may recover moral damages, except;

a. If caused by a crime.

b. If caused by breach of contract except if the defendant acted

fraudulently or in bad faith.

c. If caused by a quasi-delict.

d. If caused by breach of contract but only if the defendant acted

fraudulently or in bad faith.

f. None of the above

10. When is temperate damages recoverable?

a. when the court finds that some pecuniary loss has been
suffered but its amount cannot, from the nature of the case
be proved with certainty.

b. When there’s injury to one’s commercial credit.

 c. When there’s injury to the goodwill of the business firm.

d. ‘a’ only

e. all of the above

11. Which of the following is false with regard to liquidated

damages?

a. Liquidated damages are those agreed upon by the parties to a

contract.

b. The purpose of liquidated damages is to prevent breach of

obligations between the contracting parties.
c. The amount of liquidated damages is to be decided on the
discretion of the court.

d. The court can equitably reduce the agreed liquidated

damages.

e. ‘c’ and ‘d’ only.

12. Exemplary damages is awarded if the defendant acted with

gross negligence;

a. In criminal offenses

b. In quasi-delicts

c. In contracts and quasi-contracts

d. As a matter of right

e. All of the above

13. Exemplary damages is awarded if the defendant acted in a

wanton, fraudulent, reckless, oppressive, or ,malevolent manner;

a. In criminal cases

b. In quasi-delicts

c. In contracts and quasi-contracts

d. As a matter of right
 e. All of the above

14. Jenny sent money to her sister Jamie to pay for the latter’s
tuition. When Jamie went to LBC to claim it, she was advised
that nothing was sent to her. Eventually however, money was
sent to her so LBC deliver it to Jamie. Aggrieved by the delay,
Jamie filed an action for damages where the lower court held LBC
liable for actual, moral and exemplary damages. Is the decision
correct?

a. No, actual, moral and exemplary damages is not proper. Such

delay cannot be described as done in bad faith, or as being
fraudulent or reckless.
b. Yes, except that, actual damages should not be awarded, no
evidence of pecuniary loss;

c. Yes, except that, moral damages should not be awarded, in

the absence of any clear indication of bad faith or gross
negligence amounting to bad faith;

d. Yes, except that, exemplary damages should not be awarded,

in the absence of wanton, fraudulent, reckless, oppressive
manner.

e. Yes, actual, moral and exemplary damages is proper

15. Damages agreed upon by the parties in a contract, to be

paid in case of breach thereof is;

a. Compensatory damages

b. Moral damages

c. Nominal damages

d. Liquidated damages

e. None of the above

16. Damages which may be recovered when the court finds

that some pecuniary loss has been suffered but its amount
cannot be proved with certainty

a. Temperate or moderate damages

 b. Moral damages

c. Nominal damages

d. Liquidated damages

e. None of the above

17. Award of exemplary damages is proper, except:

a. Where a corporation persisted in oppressively invading

another’s rights as a reminder that economic power will never
justify a reckless disregard of the rights of others;

b. Where a victim shot by the minor son to remind licensed

possessors of firearms of their peremptory duty to safeguard
such dangerous weapons;

c. A mayor in good faith dismisses an employee though he was

not authorized, to remind public officials of their utter
disregard of the civil service rules.

d. All of the above

e. ‘a’ and ‘b’ only

18. Accused-appellants, none of whom was a medical

practitioner, belonged to a religious group engaged in faith-
healing. Upon advise of one of the accused-appellants the
parents of the victim agreed to subject their child, who had
earlier suffered from a nervous breakdown, to a ‘treatment’, but
which, resulted in the child’s death. Are the following award for
damages proper?

a. Indemniity, for the death of the victim

b. Moral damages, for the mental anguish of the parents

c. Exemplary damages, for gross negligence in attempting to

cure the victim without license to practice medicine

d. All of the above

e. ‘a’ and ‘b’ only

19. In the absence of stipulation, attorney’s fees and expenses
of litigation, other than judicial costs cannot be recovered
except:

a. In action for illegal support;

b. In a separate civil action to recover civil liability arising from a

crime;

c. When at least double judicial costs are awarded;

d. All of the above

e. None of the above

20. Statement A: In crimes, the damages to be adjudicated

may be respectively increased or lessened according to the
aggravating or mitigating circumstances.

Statement B: In contracts, the contributory negligence of the

plaintiff shall equitably mitigate the damages that he may
recover.

a. Only statement A is true

b. Only statement B is true

c. Both statements are true

d. Both statements are false

21. No proof of pecuniary loss is necessary in order that the

following damages may be adjudicated, except;

a. Moral

b. Nominal

c. Temperate

d. Liquidated

e. Compensatory

22. Rebecca ordered a 3-layered wedding cake from a

bakeshop. It was agreed that it shall be delivered at 5:00pm on
 June 18, 2010. Plaintiff made full payment. No cake arrived on
the scheduled this was because the order slip got lost. The cake
was finally delivered at 10:00pm but Rebecca refused to accept
it, she instead file a complaint for damages. The lower court
awarded moral damages of P250,000 and exemplary damages of
100,000. Is the decision correct? If not, what should be the
proper award?

a. No, there was compliance of the obligation, the cake was

finally delivered though late.

b. Yes, defendant acted in bad faith and was guilty of gross

negligence amounting to bad faith.

c. No, nominal damages is proper where there has been a

breach of contract but no actual damages can be shown.

d. Yes, to impose a penalty on the wrongdoer.

e. None of the above.

23. Lilet had a current account with a bank, the balance of

which was about P36,000.00. When her check issued for
payment of a jewelry was deposited by Lhuiller, it was
dishonored for having insufficient funds. In her inquiry, Lilet
found out that her deposit 23 days ago has not yet been cleared.
Are moral and exemplary damages proper to award Lilet?

a. No, the bank acted in good faith and it was an honest

mistake.

b. Yes, banks are engaged in so sensitive and accurately

demanding business, hence level of meticulousness must be
maintained at all times.

c. No, the bank acted with due diligence.

d. ‘a’ and ‘c’ only

e. none of the above.

24. Spouses Vasquez via Cathay Pacific Airlines with their 2

friends in the business class cabin. On their way back, the
attendant informed them that their seats have been upgraded to
first class for being a frequent flyer club member. The spouses
did not want to change their seats because they felt they should
 be seated with their friends but the attendant insisted because
the business class cabin has been overbooked. SAre the spouses
entitled to moral damages?

a. Yes, the flight attendant should have consulted the spouses if

they wanted to avail of that privilege before their business
class seats were given to someone else, as in this case.

b. No, the attendant changed the seats without malice and bad
faith.

c. Yes, the spouses’ rights to their business class seats has been
violated or invaded, hence, such right should be vindicated.

d. ‘a’ and ‘c’ only.

e. None of the above

25. Nico was employed by an electric company as fabricator

and continuously rendered services for 13 years. He was
surprised to receive a letter informing him that he will be
considered terminated after the requested turnover of materials
and equipments. The lower court found him illegally dismissed
hence ordered reinstatement and full backwages but deleted
moral and exemplary damages. Is the lower court correct?

a. Yes, the dismissal was not attended with bad faith or fraud.

b. No, Nico suffered sleepless nights, mental anguish, and

serious anxiety when he was illegally dismissed.

c. Yes, illegal dismissal is always accompanied by moral and

exemplary damages for the suffering of the employee and to
remind employers of the rights of their employees.

d. ‘a’ and ‘c’ only

e. none of the above

Answers:

1. e

2. a
3. c

4. a

5. e

6. d

7. b

8. e

9. b

10. e

11. c
12. b

13. c

14. a

15. d

16. a

17. d

18. d

19. d

20. a

21. e

22. c

23. b

24. b

25. a