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SPS. FEDERICO FRANCO v. IAC

This case has been cited 2 times or more.

2008-12-11
CHICO-NAZARIO, J.
Art. 103. Subsidiary civil liability of other persons. -- The subsidiary liability established in the next preceding article shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties. This liability is enforceable in the same criminal proceeding in which the award is made. This liability attaches when the employees who are convicted of crimes committed in the performance of their work are found to be insolvent and are thus unable to satisfy the civil liability adjudged.[30]
2007-04-27
CALLEJO, SR., J.
First. Respondent did not appeal the decision of the CA. It is settled that while an appellee (who is not also an appellant) may assign errors in his brief or pleadings, if the purpose is to maintain the judgment on other grounds, the appellee cannot ask for modification or reversal of the judgment or affirmative relief unless he has also filed an appeal.[24] Thus, the appellate court's ruling, that respondent was validly removed from service due to expiration of his term, is already binding upon him. He cannot therefore belatedly ask for its reversal.