Practice question
An employer insists that an injured person must first sue the negligent employee and prove inability to collect before pursuing a properly established Article 2180 claim. Which response is correct?
- That sequence is not a prerequisite to the direct and immediate Article 2180 responsibility
- Every vicarious case requires that sequence
- The employer is immune until the employee leaves the country
- The injured person must abandon the employee claim
- The employer must first request liability
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
Answer this question in flashcards to review your response and continue practicing.