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?
- The descriptive word indirect necessarily makes every obligation subsidiary
- The established Article 2180 responsibility is direct and immediate; the label does not create an insolvency prerequisite
- The employee automatically loses all separate liability
- The claimant must accept half the award only
- 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
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