Philippine Bar review · Question

Practice question: Due Diligence

Multiple Choice Medium

Practice question

An employer offers only an assertion that an employee is experienced, with no evidence supporting selection checks or actual supervisory practices. Is the assertion necessarily enough to establish the Article 2180 defense?
  1. No, concrete satisfactory proof is required
  2. Yes, experience always establishes every diligence component
  3. Yes, repeating the assertion creates proof
  4. No, because diligence is never a defense
  5. Yes, if the employee is popular

Legal references

  • Civil Code Articles 1173, 2176, 2178 and 2180: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Maitim v. Aguila, GR 218344, March 21, 2022, main decision: https://lawphil.net/judjuris/juri2022/mar2022/gr_218344_2022.html

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