Philippine Bar review · Question

Practice question: Indirect Liability for Intentional Acts

Multiple Choice Medium Jurisprudence

Practice question

An actionable intentional wrong by an employee occurs within the scope required for the asserted Article 2180 claim. The employer cannot establish the applicable diligence defense. Is the employer necessarily exempt solely because the employee acted intentionally?
  1. No, the scope of culpa aquiliana is not confined to unintentional acts
  2. Yes, intention always severs every employment-related responsibility
  3. Yes, every criminal act is automatically a purely personal act
  4. No, because every employer is strictly liable without conditions
  5. Yes, unless the employee confesses in writing

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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