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Philippine Bar review · Question

Practice question: Acts of Public Officers

Multiple Choice Hard

Practice question

A subordinate knowingly follows an instruction that the court finds willful and contrary to law. The case is governed by Section 39, and no special immunity applies. Is the existence of the instruction alone complete exoneration?
  1. Yes, every order is complete immunity
  2. No; the provision expressly contemplates liability despite orders
  3. Yes, knowingly unlawful acts are always good-faith performance
  4. Yes, subordinates cannot commit civil wrongs
  5. Yes, written employment status repeals Section 39

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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