2014 (Civil Law) Bar Exam Questions: Question 14

[Answer / discuss the question below. Or see 2014 bar exam Civil Law Instructions; 2014 Labor Law essay and multiple choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30; See also 2014 Bar Exam: Information, Discussions, Tips, Questions and Results]

XIV.

A pedestrian, who was four (4) months pregnant, was hit by a bus driver while crossing the street. Although the pedestrian survived, the fetus inside her womb was aborted. Can the pedestrian recover damages on account of the death of the fetus? (1%)

(A) Yes, because of Article 2206 of the Civil Code which allows the surviving heirs to demand damages for mental anguish by reason of the death of the deceased.

(B) Yes, for as long as the pedestrian can prove that she was not at fault and the bus driver was the one negligent.

(C) No, because a fetus is not a natural person.

(D) No, if the fetus did not comply with the requirements under Article 41

of the Civil Code.

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