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AllBar 2024CRIMINAL LAWII. REVISED PENAL CODE - BOOK ONEG. Civil Liability Ex-Delicto1. Primary and Subsidiary

Question

G. Civil Liability Ex-Delicto: Primary and Subsidiary

A crime has been committed, and a criminal case has been filed against the accused. In relation to the criminal case, the issue of civil liability ex-delicto arises. Answer the following scenarios:

  1. Scenario 1:
  2. John, an employee of XYZ Corporation, was caught stealing company funds. The company, as the offended party, filed a criminal case against John. During the trial, it was established that John acted within the scope of his employment and his act of stealing was in the interest of the company. Can the corporation hold John primarily liable for the civil damages arising from the theft? Discuss.

  3. Scenario 2:
  4. Jane, a pedestrian, was hit by a speeding car driven by Mark. Jane suffered severe injuries and incurred medical expenses. Can Jane hold Mark primarily liable for the civil damages arising from the accident? Discuss.

  5. Scenario 3:
  6. David, an employee of LMN Corporation, intentionally injured a co-worker during a heated argument in the workplace. The co-worker filed a criminal case against David. However, it was discovered that the co-worker previously harassed and threatened David, leading to their altercation. Can the co-worker hold LMN Corporation subsidiarily liable for the civil damages resulting from the incident? Discuss.




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Bar Review Question: G. Civil Liability Ex-Delicto: Primary and Subsidiary A crime has been committed, and a criminal c