Practice question
An ordinary employer’s Article 2180 defense is being considered, while a different passenger claim falls under Article 1759. Counsel says the same favorable selection-and-supervision proof must produce identical exoneration in both. Which is correct?
- Every diligence defense has identical effect everywhere.
- The different governing rules prevent that automatic conclusion.
- Article 1759 deletes Article 2180 for every case.
- Article 2180 overrides every special passenger rule.
- The result depends only on which defendant speaks first.
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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