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Philippine Bar review · Question

Practice question: Presumption of Negligence on Persons Indirectly Responsible

Multiple Choice Medium

Practice question

A driver’s negligence is established through an applicable inference and the required employer relationship and task connection are proved. Must the employer’s distinct diligence question still be addressed?
  1. Yes; the employee and employer inquiries have distinct bases
  2. No; the two presumptions are always identical
  3. No; a valid employee inference necessarily proves careful supervision
  4. No; a damages request automatically resolves diligence
  5. No; insurance conclusively answers both

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Article2180.
  • Maitim v Aguila GR218344 March21,2022 MAIN: https://lawphil.net/judjuris/juri2022/mar2022/gr_218344_2022.html Distinct employee and employer inferences; assigned private driving.
  • Safeguard v Tangco GR165732 December14,2006 MAIN: https://lawphil.net/judjuris/juri2006/dec2006/gr_165732_2006.html Employer presumption and proof.

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