Practice question
A subordinate causes injury through negligent conduct contrary to law while executing a superior’s instruction. Discuss Section 39 and the argument that absence of malice necessarily establishes immunity.
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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