Practice question
Where a valid evidentiary inference establishes employee negligence, must the court disregard it solely because no eyewitness saw the precise careless movement?
- No; a properly applicable inference may be considered
- Yes; only eyewitness testimony can ever prove negligence
- Yes; physical evidence is legally irrelevant
- Yes; the employer chooses admissible proof
- Yes; every inferred fact is a criminal conviction
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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