Practice question
After a driver’s final conviction, the victim asks the execution court to levy immediately on Company X’s property. Company X denies being the driver’s employer and has never received notice or an opportunity to present evidence on employment, industry, duty or insolvency. What should the court do?
- Levy first because every vehicle company is automatically liable
- Dismiss the employee’s conviction
- Require a new criminal prosecution of all company directors
- Hold the appropriate execution hearing with due notice and allow evidence on the statutory prerequisites
- Treat the driver’s conviction as proof that every alleged employer is liable
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.
Answer this question in flashcards to review your response and continue practicing.