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Philippine Bar review · Question

Practice question: Personal Comfort Doctrine

Multiple Choice Hard Jurisprudence

Practice question

At an employer-sanctioned shipboard social event, a seafarer governed by the 2010 POEA-SEC loses his balance while singing and jumping. The employer relies solely on the fact that singing is not his assigned job and that losing balance shows negligence. No willful self-injury or deliberate disregard of safety is established. Which analysis follows Oscares as discussed in Arguilles?
  1. Singing is automatically a temporary abandonment in every case.
  2. Any imperfect movement necessarily proves notorious negligence.
  3. The doctrine guarantees the highest disability award without assessment.
  4. Reasonable recreation cannot ever benefit the employer.
  5. The activity may be incidental to personal comfort, and mere loss of balance does not automatically establish the disqualifying conduct alleged.

Legal references

  • Oscares v Magsaysay Maritime, G.R. 245858, December 2 2020, main opinion: https://lawphil.net/judjuris/juri2020/dec2020/gr_245858_2020.html
  • Arguilles v Wilhelmsen Smith Bell Manning, G.R. 254586, July 10 2023, main opinion: https://lawphil.net/judjuris/juri2023/jul2023/gr_254586_2023.html
  • Arriesgado v Multinational Maritime, G.R. 275424, April 29 2026, main opinion: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70389

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