Practice question
How do Safeguard and Maitim describe an employer's established Article 2180 liability?
- Direct and immediate, rather than conditioned on prior collection from an insolvent employee
- Always subsidiary under the Penal Code
- Only a moral obligation without a civil remedy
- Always dependent on employee insolvency
- A transfer of all liability away from the employee
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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