Practice question
A subordinate negligently performs an unlawful act under a superior’s written instruction, causing private injury. She says good-faith protection for official duties necessarily excludes all liability because she had no malicious motive. Which statement best applies Section 39?
- Its express exception covers negligent acts contrary to law even when ordered by a superior
- Only a malicious motive can ever create liability
- A written instruction legalizes every subordinate act
- The exception applies only to intentional conduct
- Negligence is expressly protected without qualification
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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