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Philippine Bar review · Question

Practice question: Presumption of Negligence on Persons Indirectly Responsible

Multiple Choice Hard Jurisprudence

Practice question

A claimant proves that a defendant employs the alleged actor but supplies no proof of an actionable employee injury-causing fault or the required task connection. No applicable evidentiary presumption supplies those missing facts. The claimant invokes employer negligence as if employment alone establishes everything. Which answer is sound?
  1. Every employer must disprove every allegation regardless of foundational facts
  2. The employer presumption does not eliminate the claimant's need to establish its applicable factual and legal foundation
  3. Employment proves causation conclusively
  4. Every personal act is an assigned task
  5. The direct actor can never be required to answer

Legal references

  • Civil Code Article 2180: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Safeguard Security Agency v. Tangco, GR 165732, December 14, 2006, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/40427
  • Maitim v. Aguila, GR 218344, March 21, 2022, main decision: https://lawphil.net/judjuris/juri2022/mar2022/gr_218344_2022.html

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