Philippine Bar review · Question

Practice question: Primary and Subsidiary Liability

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Practice question

After a final employee conviction, the victim seeks immediate execution against an alleged employer. The employer disputes the employment relationship and insolvency and requests a hearing. Explain whether a separate civil suit is invariably required and what due process requires.

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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