Philippine Bar review · Question

Practice question: Primary and Subsidiary Liability

Multiple Choice Medium

Practice question

A convicted warehouse employee committed a personal assault during a private holiday outing entirely unrelated to work. The victim proves the employee’s insolvency but no connection between the assault and employment duties. Is employment alone sufficient for Article 103 liability?
  1. Yes, because every employee’s felony is a corporate act
  2. Yes, because insolvency eliminates all other requirements
  3. No, because the felony’s commission in the discharge of duties has not been shown
  4. Yes, if the company can afford the award
  5. No, because Article 103 never applies to industrial employers

Legal references

  • https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — Revised Penal Code, Articles 100, 102–103 and 113.
  • https://lawphil.net/judjuris/juri2004/apr2004/gr_147703_2004.html — Philippine Rabbit Bus Lines, Inc. v. People, G.R. No. 147703, April 14, 2004, employer subsidiary liability and execution hearing.

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