Practice question
A private household driver negligently injures another within assigned work. The employer argues the Article2180 presumption cannot apply because no commercial enterprise exists. Which is correct?
- Nonbusiness status alone does not exclude the statutory employer framework
- Only profitable companies can ever face the presumption
- Every household employee is legally self-employed
- Private work necessarily carries no duty of care
- Only tax registration creates assigned tasks
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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