Practice question
Does the fact that a defendant is a public officer automatically defeat every civil damages claim?
- Yes, every officer is immune from every private claim.
- Yes, even for every statutory rights violation.
- No, the governing duty, conduct, injury, and applicable liability provisions must be examined.
- No, because every officer automatically owes damages for every complaint.
- Yes, unless the officer signs a waiver of all defenses.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 27 and32.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/48330 — Vinzons-Chato v Fortune Tobacco, GR 141309, December 23 2008, main resolution: particular legal injury and public duty.
- https://lawphil.net/judjuris/juri2024/jun2024/gr_234680_2024.html — Supreme Court GR 234680, June 2024, main opinion: Administrative Code Book I section 38.
Answer this question in flashcards to review your response and continue practicing.