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Philippine Bar review · Question

Practice question: Liability of LGUs

Multiple Choice Hard Jurisprudence

Practice question

In an LGU negligence action governed by Article 2179, the court finds plaintiff’s own negligence was the immediate and proximate cause. The plaintiff cites Section 24’s nonexemption clause as a command to award compensation anyway. Which is correct?
  1. Section 24 guarantees compensation for every accident
  2. Nonexemption does not override the applicable causation-based defense
  3. LGU status conclusively proves the plaintiff was careful
  4. The court must disregard its causation finding
  5. Public funds must satisfy any requested sum

Legal references

  • Civil Code: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360; Articles2179,2199.
  • RA 7160: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html; Section 24.

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