Practice question
An accident occurs under circumstances that satisfy an applicable negligence inference against the employee. The employer denies responsibility solely because the claimant cannot identify the employee’s exact hand movement, while the employment, task connection and remaining predicates are proved. Which is correct?
- The court may use the valid inference and then assess the employer’s diligence evidence
- No inference can ever establish an employee predicate
- The employer automatically becomes the injured person’s insurer
- Only a criminal conviction could supply civil evidence
- The claimant must invent an eyewitness
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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