Practice question
An employer and employee are adjudged solidarily liable for a quasi-delict. They privately agree the employee will ultimately bear the expense. The injured person did not join the agreement and the judgment is unsatisfied. Can the employer use that allocation alone to erase the victim’s established claim against it?
- No; their private allocation does not itself defeat the nonparty victim’s judgment rights
- Yes; any private agreement necessarily cancels a final victim award
- Yes; Article2181 forbids collecting from the employer
- Yes; solidarity ends whenever one debtor prefers reimbursement
- Yes; the victim automatically assumes the employee’s debt
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1311,2180–2181,2194.
- Safeguard v Tangco GR165732 December14,2006 MAIN: https://lawphil.net/judjuris/juri2006/dec2006/gr_165732_2006.html Direct employer responsibility.
- Maitim v Aguila GR218344 March21,2022 MAIN: https://lawphil.net/judjuris/juri2022/mar2022/gr_218344_2022.html Employer and employee liability.
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