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Philippine Bar review · Question

Practice question: Liability of LGUs

Multiple Choice Hard

Practice question

A city supervises a drainage opening along a national highway. Evidence establishes an uncovered, unlighted defect causing a pedestrian's injury, and the city's relevant control is admitted. It defends solely on the national-road label and makes no other valid defense. Which analysis best follows Teotico?
  1. The national label automatically defeats the admitted control.
  2. A city is liable only if the mayor personally dug the opening.
  3. The city cannot defeat the statutory claim solely through the road's ownership or label when the stipulated control and defect-related injury are established.
  4. The victim must first become a city employee.
  5. The city may redefine Article 2189 by resolution.

Legal references

  • Civil Code, Article 2189, https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Republic Act No. 7160, section 24, https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
  • City of Manila v. Teotico, G.R. No. L-23052, January 29, 1968, https://lawphil.net/judjuris/juri1968/jan1968/gr_l-23052_1968.html

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