2013 (Criminal Law) Bar Exam Questions: Multiple Choice Question 2

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II.

Subsidiary liability may be imposed on the following, except __________. (0.5%)

(A) innkeepers, in relation to the crime committed in their establishment

(B) employers engaged in industry, for the crime committed by their employees

(C) parents of minors who act with discernment in committing crimes

(D) hospital administrators or  owners, for crimes committed by their hospital nurses

2 comments

  1. D. Citing Clemente V foreign Mission sisters. A hospital is not engaged in industry, hence not subsidiarily liable for acts of nurses. Nurses, in treating a patient, are not acting as servants of the hospitals because they are employed to carry out the orders of the physicians to whose authority they are subject.

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