Practice question
An agency’s assigned guard commits an actionable shooting. The pleaded Article 2180 conditions are proved, and the agency fails its diligence defense. It demands dismissal because the victim has not completed execution against the guard. Which is best?
- That exhaustion demand does not defeat established primary quasi-delict liability.
- All agency liability must await an unsatisfied penal-code writ.
- An employee’s intentional act automatically nullifies Article 2180.
- The victim must abandon the civil complaint.
- Employment alone suffices even if every other condition fails.
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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