Philippine Bar review · Question

Practice question: Accident or Fortuitous Event

Multiple Choice Hard

Practice question

A lightning event starts a fire. The defendant had negligently disconnected required fire protection, and the court finds that failure proximately enlarged the claimed damage. Defendant invokes the natural origin as complete immunity. Which is best?
  1. The proved negligent aggravation prevents automatic complete exoneration.
  2. Lightning necessarily erases all negligent contribution.
  3. A natural event makes precautions irrelevant.
  4. Only intentional aggravation can matter.
  5. The claimant must ignore the disabled protection.

Legal references

  • Civil Code Articles 1174, 1759, 2176-2180: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Mindex Resources Development v. Morillo, G.R. No. 138123, March 12, 2002, main decision: https://lawphil.net/judjuris/juri2002/mar2002/gr_138123_2002.html

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