Philippine Bar review · Question

Practice question: Cause vs. Condition

Multiple Choice Hard

Practice question

A safety cover is negligently omitted from a machine. A user’s expected hand movement leads to contact with exposed parts; the omitted cover is proved to be an operative cause. Operator says the exposure was only a condition, while movement was the sole cause. Which is best?
  1. The label does not displace the established protective failure’s causal role.
  2. Any human movement necessarily grants immunity.
  3. An omitted cover can never be causal.
  4. Only the hand can be sued.
  5. The absence of motion in the machine’s casing decides liability.

Legal references

  • Civil Code Articles 2176 and 2194: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Phoenix Construction, Inc. v. IAC, G.R. No. L-65295, March 10, 1987, main decision: https://lawphil.net/judjuris/juri1987/mar1987/gr_l-65295_1987.html

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