Practice question
A department head is sued solely because a subordinate committed a wrongful act. The facts establish no personal misconduct, no actual written authorization of that specific act and no other basis of liability. Under Section 38(3), is supervisory rank alone sufficient for civil liability?
- Yes, every superior is automatically liable for every subordinate act
- Yes, even if the statute expressly says otherwise
- No; Section 38(3) does not impose the asserted automatic vicarious liability on these facts
- Yes, if the claimant dislikes the department
- No; because all department heads are immune even for their own proven unlawful acts
Legal references
- Executive Order No. 292, Administrative Code of 1987, Book I, Chapter 9, Sections 38 and 39, qualified civil liability of public officers: https://lawphil.net/executive/execord/eo1987/eo_292_1987.html
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