Practice question
A department head issues a signed written order specifically directing the wrongful act later committed by a subordinate. She claims Section 38(3) always shields superiors. What is correct?
- The written authorization falls within the provision’s express exception
- A signature creates absolute immunity
- The exception requires a written order about an unrelated act
- Only the subordinate’s job title matters
- The provision forbids considering authorization
Legal references
- Executive Order No. 292, Administrative Code of 1987: https://lawphil.net/executive/execord/eo1987/eo_292_1987.html Book I, Chapter 9, Sections 38(2)–(3) and 39.
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