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Philippine Bar review · Question

Practice question: Specific Instances of Vicarious Liability

Multiple Choice Hard

Practice question

An ordinary public officer negligently performs the very official task that properly belongs to the officer. No special agency or other State-liability basis is established, and immunity issues are outside the stipulated question. Does Article2180 automatically treat that ordinary assignment as special agency?
  1. No; its text distinguishes that case and refers to Article2176
  2. Yes; every ordinary official task is necessarily special agency
  3. Yes; every public employee makes the State strictly liable
  4. Yes; all private damages become government debt automatically
  5. Yes; the distinction disappears whenever injury is serious

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles2180,2182–2184.

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