Practice question
A claimant invokes Article 2188 solely from possession of a firearm, but establishes no injury resulting from that possession. Is the statutory presumption necessarily triggered by possession alone?
- No, the provision requires death or injury resulting from possession and preserves its stated exception
- Yes, every firearm owner is presumed negligent in every event
- Yes, even without any injury
- Only the firearm’s color matters
- All ordinary proof is prohibited
Legal references
- Civil Code, Article 2188: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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