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Philippine Bar review · Question

Practice question: Indirect Liability for Intentional Acts

Multiple Choice Hard

Practice question

An employer defending an assigned guard’s actionable shooting proves an impressive hiring process but no actual enforcement of firearm protocols, despite recorded repeated violations. The task connection and other quasi-delict conditions are established. Which is sound?
  1. A hiring certificate necessarily proves later supervision.
  2. Intentional conduct does not make incomplete supervision proof conclusive due diligence.
  3. Intentional conduct makes every employer defense unnecessary.
  4. Rules on paper conclusively defeat the claim.
  5. The claimant must prove employer participation in the shooting as an indispensable Article 2180 element.

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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