Practice question
Does a subordinate officer automatically escape civil liability merely by asserting superior orders?
- Yes, for every willful illegal act
- Yes, even when the act is negligent and contrary to law
- Yes, whenever the order is written
- Yes, whenever the superior is senior in rank
- No; Section 39 preserves liability for the specified willful or negligent unlawful acts despite superior orders
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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