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Philippine Bar review · Question

Practice question: Culpa aquiliana vs. Culpa contractual vs. Culpa criminal

Multiple Choice Hard

Practice question

A negligent bus employee injures both a passenger and a pedestrian. The passenger relies on the carriage undertaking; the pedestrian establishes the relevant Article2180 tort elements. The company invokes a single selection-supervision defense as if both sources had identical rules. Which analysis is correct?
  1. The different sources and applicable defenses must be assessed separately, including Article1759 for the passenger
  2. Every victim necessarily has the same contract with the company
  3. The pedestrian becomes a passenger by being injured
  4. Selection diligence necessarily defeats the passenger claim under Article1759
  5. The passenger must abandon every contractual right

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1759,2176–2180.
  • Revised Penal Code Act3815: https://lawphil.net/statutes/acts/act_3815_1930.html Article103.
  • Barredo v Garcia GR48006 July8,1942 MAIN: https://lawphil.net/judjuris/juri1942/jul1942/gr_48006_1942.html Primary employer tort liability distinguished from subsidiary penal liability.
  • Cangco v Manila Railroad GRL12191 October14,1918 MAIN: https://lawphil.net/judjuris/juri1918/oct1918/gr_l-12191_1918.html Contract liability distinguished from selection-supervision defense.

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