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Philippine Bar review · Question

Practice question: Immunity of Public Officers

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Practice question

A subordinate willfully commits an act contrary to law under a superior's instructions. Explain why the instructions alone do not supply civil immunity under Section 39, and distinguish a claim against the superior solely by reason of rank.

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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