Philippine Bar review · Question

Practice question: Negligent

Multiple Choice Hard Jurisprudence

Practice question

A driver violates a traffic rule when a collision occurs. Article 2185’s contrary-proof presumption is invoked. The driver argues that the presumption makes every other negligence and causation issue permanently irrelevant. Which analysis is correct?
  1. The presumption is irrebuttable and replaces all liability elements.
  2. A traffic violation can never matter in a civil case.
  3. Every violation necessarily caused every injury in the vicinity.
  4. The provision creates a rebuttable negligence presumption; the required causal injury and other governing facts must still be assessed.
  5. The statute automatically awards whatever sum is demanded.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1173,2176–2179 and 2185.
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/18/70498 — Laza v Standard Insurance, GR 279772, June 29 2026, main opinion: negligent conduct, damage, and proximate cause.

Answer this question in flashcards to review your response and continue practicing.