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?
- Only equal harm amounts may be considered
- Assessment of the listed personal and situational circumstances in determining the lack of precaution
- All training evidence must be excluded
- Only the operator’s occupation label determines guilt
- 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
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