Philippine Bar review · Question

Practice question: Exempting Circumstances (See also RA 9208, Sec. 17, as amended; RA 9262, Sec. 26; RA 9344, Sec. 6, as amended by RA 10630)

Multiple Choice Medium Jurisprudence

Practice question

A driver injures a person through proved negligent handling. He relies only on the fact that injury was unintended and calls it accident under Article 12(4). Which is sound?
  1. Every unintended injury is exempt despite negligence.
  2. Fault and due care never matter.
  3. The word accident conclusively settles the issue.
  4. The proved lack of due care prevents treating absence of intent alone as the complete accident exemption.
  5. A driver always receives immunity.

Legal references

  • Revised Penal Code, Article 12(4)-(7), accident, force, fear and lawful or insuperable prevention (not the obsolete original juvenile-age paragraphs): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426

Answer this question in flashcards to review your response and continue practicing.