Philippine Bar review · Question

Practice question: Immediate Cause

Multiple Choice Medium

Practice question

A technician negligently contaminates drinking water. A user’s ordinary consumption produces poisoning. The causal sequence is proved and uninterrupted. Technician says swallowing, rather than contamination, was immediate. Which is best?
  1. Swallowing grants the technician automatic immunity.
  2. Only the cup can be legally responsible.
  3. The user’s ordinary action necessarily becomes an efficient intervening cause.
  4. Ordinary consumption as the immediate mechanism does not alone displace the contamination’s proximate role.
  5. Every water provider is liable regardless of proof.

Legal references

  • Civil Code Articles 2176 and 2194: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Abrogar v. Cosmos Bottling Company, G.R. No. 164749, March 15, 2017, main decision: https://lawphil.net/judjuris/juri2017/mar2017/gr_164749_2017.html

Answer this question in flashcards to review your response and continue practicing.