Practice question
A plaintiff pleads and proves quasi-delict against an employee and the applicable Article 2180 basis against the employer. The employee's act was also prosecuted criminally. Does that fact alone convert the employer's responsibility into only subsidiary ex-delicto liability?
- No, the nature of the civil cause of action remains material
- Yes, every criminal case automatically changes all civil claims
- Yes, complaint allegations never matter
- No, because all Penal Code rules are abolished
- Yes, unless the employer consents
Legal references
- Civil Code Articles 2177, 2180–2181 and 2194: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Safeguard Security Agency v. Tangco, GR 165732, December 14, 2006, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/40427
- Maitim v. Aguila, GR 218344, March 21, 2022, main decision: https://lawphil.net/judjuris/juri2022/mar2022/gr_218344_2022.html
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