Political Law, 2011 Bar — Question 72

MULTIPLE CHOICE

A collision occurred involving a passenger jeepney driven by Leonardo, a cargo truck driven by Joseph, and a dump truck driven by Lauro but owned by the City of Cebu. Lauro was on his way to get a load of sand for the repair of the road along Fuente Street, Cebu City. As a result of the collision, 3 passengers of the jeepney died. Their families filed a complaint for damages against Joseph who in turn filed a third party complaint against the City of Cebu and Lauro. Is the City of Cebu liable for the tort committed by its employee? (A) The City of Cebu is not liable because its employee was engaged in the discharge of a governmental function. (B) The City of Cebu is liable for the tort committed by its employee while in the discharge of a nongovernmental function. (C) The City of Cebu is liable in accord with the precept of respondeat superior. (D) The City of Cebu is not liable as a consequence of its non-suitability.

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