Log In Create Account

Philippine Bar review · Question

Practice question: Nature of Liability

Multiple Choice Hard Jurisprudence

Practice question

In a separate quasi-delict case, an employer's relevant relationship and task connection, employee negligence and causation are established. The employer fails the applicable diligence defense. The employer nonetheless asks that execution wait until employee insolvency is proved, calling its responsibility 'indirect.' Which answer is correct?
  1. The descriptive word indirect necessarily makes every obligation subsidiary
  2. The established Article 2180 responsibility is direct and immediate; the label does not create an insolvency prerequisite
  3. The employee automatically loses all separate liability
  4. The claimant must accept half the award only
  5. The employer may choose which Code governs after judgment

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.