Philippine Bar review · Question

Practice question: Title XIV – Quasi-offenses

Multiple Choice Hard

Practice question

Two operators cause injury through alleged lack of precaution under different conditions: one has relevant training and clear immediate warning, while the other faces a different physical condition and less apparent risk. A prosecutor says those circumstances are legally forbidden from consideration. What does Article365 require?
  1. Only equal harm amounts may be considered
  2. Assessment of the listed personal and situational circumstances in determining the lack of precaution
  3. All training evidence must be excluded
  4. Only the operator’s occupation label determines guilt
  5. Every injury conclusively proves identical negligence

Legal references

  • RA10951 Section97, amended Article365, precaution, sentencing discretion and on-the-spot help: https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html

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