Philippine Bar review · Question

Practice question: Intervening Cause

Multiple Choice Medium

Practice question

A negligently parked obstruction creates a collision risk. A road user’s ordinary, foreseeable avoidance response leads to the stipulated injury through a continuous causal sequence. No independent efficient cause is proved. Can the obstruction’s creator rely solely on the response being later?
  1. Yes, every steering movement severs every prior cause.
  2. Yes, all third-party actions are legally independent.
  3. Yes, only the final moving object can matter.
  4. Yes, the obstruction’s immobility makes it harmless as a matter of law.
  5. No, the foreseeable response can remain part of the causal chain.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, article2176.
  • https://lawphil.net/judjuris/juri2017/mar2017/gr_164749_2017.html — Abrogar v Cosmos Bottling, GR 164749, March 15 2017, main opinion: character of intervening events and remote occasion.
  • https://lawphil.net/judjuris/juri2008/feb2008/gr_161803_2008.html — Dy Teban Trading v Ching, GR 161803, February 4 2008, main opinion: foreseeable consequence is not an efficient break.
  • https://lawphil.net/judjuris/juri2023/jun2023/gr_254395_2023.html — Davao del Norte Electric Cooperative v Heirs of Lucas, GR 254395, June 14 2023, main opinion: winds and roofing sheet did not automatically break causal chain.

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