Outline Vicarious Liability

Parents

Delict: Direct and Primary (Art. 101)

Quasi-delict: Direct and Primary
Contracts, etc: Direct and Primary

Teachers, Heads, Schools

Delict: Subsidiary (Art. 103)
Quasi-delict: Direct and Solidary (parents:
subsidiary)
Contracts, etc: Direct and Solidary (parents:
subsidiary)

Employer

Delict: Subsidiary (Art. 101)

Quasi-delict: Direct and Primary 2180/Solidary 2194
INDEPENDENT CIVIL ACTION
Two Groups:
1. Based on an obligation not complained of as
felony (Art. 31 Civil Code).
2. Based on an act or omission that may
constitute a felony, but nevertheless, treated
independently from the criminal action by
specific provision of Art. 33 (defamation,
fraud, physical injuries)
Rule: Offended party may pursue the two types of
civil liability simultaneously or cumulatively.
Rule: Superior Officers may be held liable by the acts
of their subordinates.
Rule: Subordinate officers however, may not be held
liable if they were following an order which they
believe to be lawful.
Judges
Rule: A judge cannot be held liable under Art. 32,
unless his act or omission constitutes a violation of
RPC or other Penal Codes.

It can even be filed as counter claim. Defenses

Rationale: Rule: State Immunity is not a defense.

See Memaid
Rule: Suspension of the writ of habeas corpus is not a
Rule: Independent civil action under Arts. 32-34 are defense since only the writ is suspended, not the right
not ex-delicto but arise from culpa aquilana. to file action.

It is absurd to follow the view of Tolentino since we

still have to prove the elements of a crime in order to
pursue damages from these provisions.

Rule: Defamation, physical injury etc are used in

generic sense.

Rule: The elements of specific crimes should not be

applied strictly, precisely because the two are
different.

Possibility of Conflicting Decision

Justice Bocobo: Such conflict is remote, since the

two require different quantum of evidence.

I. ART. 32: VIOLATION OF CIVIL AND

POLITICAL RIGHTS

Rule: Covers intentional as well as negligent acts.

Persons Liable:
1. Public Official
2. Private Individual

Directly or Indirectly

Rule: Good faith is not a defense.

Rationale: Precisely, the law is trying to prevent the

abuse of public officials who escape liability by
feigning good faith.

Superior Officers