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Philippine Bar review · Question

Practice question: Presumption of Negligence on Persons Indirectly Responsible

Multiple Choice Medium Jurisprudence

Practice question

An employer produces hiring clearances but offers no satisfactory evidence of supervision for the work in which the employee negligently injured another. Does hiring evidence alone necessarily establish the full defense?
  1. No, diligence in supervision must also be established
  2. Yes, clearances conclusively prove all future supervision
  3. Yes, every clearance creates permanent immunity
  4. No, because hiring diligence is irrelevant
  5. Yes, unless the employee is paid weekly

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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