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Philippine Bar review · Question

Practice question: Presumption of Negligence on Persons Indirectly Responsible

Multiple Choice Hard Jurisprudence

Practice question

A warehouse employee negligently injures a customer within assigned loading duties. The employer proves careful screening, qualifications and initial hiring checks. It cannot show suitable task instructions, monitoring or enforcement despite a known need for them. The employer argues satisfactory hiring alone defeats the presumption. Which response is correct?
  1. The selection evidence automatically establishes every component
  2. The defense remains incomplete without the required proof of diligent supervision
  3. Every employer is liable even with full proven diligence
  4. The employee's negligence is automatically canceled
  5. The customer must prove the employer intended injury

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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