Philippine Civil Code Art. 1712: Work and Labor

Statute: Philippine Civil Code
Article: Art. 1712
Topic: Work and Labor
Status: In force, as amended
Book: BOOK IV Obligations and Contracts
Title: TITLE VIII LEASE
Chapter: CHAPTER 3 Work and Labor
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

If the death or injury is due to the negligence of a fellow worker, the latter and the employer shall be solidarily liable for compensation. If a fellow worker's intentional or malicious act is the only cause of the death or injury, the employer shall not be answerable, unless it should be shown that the latter did not exercise due diligence in the selection or supervision of the plaintiff's fellow worker.

Note on current application: the primary law governing labor relations is the Labor Code (Presidential Decree No. 442); this Civil Code provision applies supplementarily.

Cases applying this article

Eleanor Erica Strong v. Francisco Gutierrez Repide G.R. No. 2101
Silvestra Cuevo v. Fausto Barredo G.R. No. 45699

Related provisions in this Chapter

Civil Code, Art. 1713 Work and Labor
Civil Code, Art. 1711 Work and Labor
Civil Code, Art. 1714 Work and Labor
Civil Code, Art. 1709 Work and Labor
Civil Code, Art. 1715 Work and Labor
Civil Code, Art. 1708 Work and Labor
Civil Code, Art. 1717 Work and Labor
Civil Code, Art. 1706 Work and Labor

Civil Code, Art. 1712 is found in CHAPTER 3 Work and Labor of TITLE VIII LEASE of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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