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Philippine Bar review · Question

Practice question: Contributory Negligence

Multiple Choice Medium

Practice question

A company ignores monthly bank statements for an extended period, allowing a secretary’s deposit diversions to multiply. The bank’s lack of care remains the proximate cause under facts matching Philippine Bank of Commerce. How is the company’s omission treated?
  1. As legally irrelevant despite causal contribution
  2. As automatic immunity for the bank
  3. As a crime conclusively proved
  4. As contributory negligence mitigating recovery
  5. As proof that no deposit was made

Legal references

  • Civil Code, Articles 1735, 1755-1756, 2176, 2179, 2184-2185 and 2214: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Philippine Bank of Commerce v. Court of Appeals, G.R. No. 97626, March 14, 1997, MAIN decision: https://lawphil.net/judjuris/juri1997/mar1997/gr_97626_1997.html

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