Practice question
A department head is sued solely under Section 38(3) because a subordinate acted wrongly. The evidence shows no written authorization of the specific misconduct, and no other basis is asserted. Does rank alone satisfy this provision?
- Yes, every failure by a subordinate is written authorization
- Yes, supervisory title alone suffices
- Yes, all offices impose private guaranties
- No
- Yes, the plaintiff may omit the statutory condition
Legal references
- Civil Code, Articles 6, 19-21, 27, 32, 430, 1144-1155, 1757-1758 and 2034: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Lim v. Ponce de Leon, G.R. No. L-22554, August 29, 1975, MAIN decision: https://lawphil.net/judjuris/juri1975/aug1975/gr_22554_1975.html
- City of Muntinlupa v. N.C. Tavu and Associates Corp., G.R. No. 234680, June 10, 2024, MAIN decision, Administrative Code Sections 38-39 quoted: https://lawphil.net/judjuris/juri2024/jun2024/gr_234680_2024.html
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