Philippine Bar review · Question

Practice question: Due Diligence

Multiple Choice Hard

Practice question

A bus employee negligently injures a passenger in circumstances covered by Article 1759 while violating the carrier’s orders. Carrier proves it issued good rules and carefully hired the employee. Which is best?
  1. Violation of orders and hiring diligence do not by themselves defeat Article 1759 liability.
  2. Disobedience always eliminates carrier responsibility.
  3. Every passenger must first sue the trainer.
  4. A printed rule creates an absolute exemption.
  5. Employee negligence cannot arise in carriage.

Legal references

  • Civil Code Articles 1174, 1759, 2176-2180: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Safeguard Security Agency, Inc. v. Tangco, G.R. No. 165732, December 14, 2006, main decision: https://lawphil.net/judjuris/juri2006/dec2006/gr_165732_2006.html
  • Tiu v. Arriesgado, G.R. No. 138060, September 1, 2004, main decision: https://lawphil.net/judjuris/juri2004/sep2004/gr_138060_2004.html

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