Practice question
A court establishes primary employer liability on a properly pleaded quasi-delict basis for a guard’s actionable shooting. Must the victim first prove the guard insolvent merely to enforce that primary liability?
- Yes, always.
- Yes, unless the guard agrees.
- Yes, because all employer liability is subsidiary.
- No; the victim may therefore recover the same loss twice.
- No.
Legal references
- Civil Code Articles 1173, 2176, 2180-2184: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Safeguard Security Agency, Inc. v. Tangco, G.R. No. 165732, December 14, 2006, main decision: https://lawphil.net/judjuris/juri2006/dec2006/gr_165732_2006.html
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