Practice question
A security guard, while carrying out assigned security functions, commits an actionable shooting. In the separate quasi-delict case, the agency relationship, required task connection and failure of the applicable diligence defense are established. The agency argues that the actor's intentional or criminal conduct necessarily restricts it to subsidiary liability. Which answer is sound?
- The conduct's criminal label alone determines every civil consequence
- The established quasi-delict basis must be applied; the intentional or criminal character does not itself compel the subsidiary Penal Code framework
- The agency is liable for all acts of every former employee forever
- The victim must accept no compensation
- The guard's conduct automatically becomes lawful
Legal references
- Civil Code Articles 2176–2177, 2180 and 2194: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Elcano v. Hill, GR L-24803, May 26, 1977, main decision, scope of culpa aquiliana: https://lawphil.net/judjuris/juri1977/may1977/gr_24803_1977.html
- Safeguard Security Agency v. Tangco, GR 165732, December 14, 2006, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/40427
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