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Philippine Bar review · Question

Practice question: Presumptions of Negligence

Multiple Choice Medium Jurisprudence

Practice question

At the time of a collision, a driver is proved to be violating a traffic regulation. The driver claims that the court may not consider any negligence presumption unless the claimant directly saw every steering movement. Which is correct?
  1. Every movement must be directly witnessed
  2. The statute applies only to parked bicycles
  3. The court must ignore the regulation
  4. The driver is automatically guilty of every crime
  5. Article 2185 supplies a rebuttable presumption on its proven facts, without requiring that particular direct observation

Legal references

  • Civil Code, Article 2185: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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