Philippine Bar review · Question

Practice question: Plaintiff’s Negligence as Immediate and Proximate Cause

Multiple Choice Easy

Practice question

Under the first paragraph of Article 2179, what follows when the plaintiff's own negligence is the immediate and proximate cause of the injury?
  1. The plaintiff cannot recover damages on that basis
  2. The plaintiff always receives double damages
  3. The defendant automatically becomes negligent
  4. Every injury is a donation
  5. The court must award an arbitrary amount

Legal references

  • Civil Code Article 2179: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Achevara v. Ramos, GR 175172, September 29, 2009, main decision: https://lawphil.net/judjuris/juri2009/sep2009/gr_175172_2009.html

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