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Philippine Rabbit Vs Phil. American Forwarders Digest

Philippine Rabbit Bus Lines and Felix Pangalangan filed a complaint for damages against Phil-American Forwarders, Archimedes Balingit, and Fernando Pineda stemming from a vehicular accident. Pineda, driving a freight truck owned by Phil-American Forwarders, collided with a bus driven by Pangalangan. Pangalangan was injured and the bus was damaged and out of use for 79 days. Balingit moved for the complaint against him to be dismissed since he was merely the manager of Phil-American Forwarders. The court dismissed the complaint against Balingit, finding that the term "manager" in the relevant civil code provision does not include the manager of a corporation.

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Gem Martle Pacson
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399 views

Philippine Rabbit Vs Phil. American Forwarders Digest

Philippine Rabbit Bus Lines and Felix Pangalangan filed a complaint for damages against Phil-American Forwarders, Archimedes Balingit, and Fernando Pineda stemming from a vehicular accident. Pineda, driving a freight truck owned by Phil-American Forwarders, collided with a bus driven by Pangalangan. Pangalangan was injured and the bus was damaged and out of use for 79 days. Balingit moved for the complaint against him to be dismissed since he was merely the manager of Phil-American Forwarders. The court dismissed the complaint against Balingit, finding that the term "manager" in the relevant civil code provision does not include the manager of a corporation.

Uploaded by

Gem Martle Pacson
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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G.R. No.

L-25142 March 25, 1975

PHILIPPINE RABBIT BUS LINES, INC. and FELIX PANGALANGAN, plaintiffs-appellants,


vs.
PHIL-AMERICAN FORWARDERS, INC., ARCHIMEDES J. BALINGIT and FERNANDO
PINEDA, defendants-appellees.

FACTS:
Pineda recklessly drove a freight truck owned by Phil-American Forwarders along the
national highway at Pampanga, and the truck bumped the PRBL bus driven by
Pangalangan. As a result, Pangalangan suffered injuries and the bus was damaged
and could not be used for 79 days, thus depriving PRBL of earnings amounting to
P8,665.51. Balingit was the manager of Phil-American Forwarders.
PRBL and Pangalangan filed a complaint for damages against Phil-American
Forwarders, Balingit, and Pineda. Defendants said Balingit was not Pineda's
employer. Balingit moved that the complaint against him be dismissed on the
ground that PRBL and Pangalangan had no cause of action against him. The lower
court dismissed the complaint against Balingit, on the ground that he is not the
manager of an establishment as contemplated in NCC 2180.
ISSUE:
WON the terms "employers" and "owners and managers of an establishment or
enterprise" embrace the manager of a corporation owning a truck?
HELD:
No. Those terms do not include the manager of a corporation. It may be gathered
from the context of NCC 2180 that the term "manager" ("director" in the Spanish
version) is used in the sense of "employer". Hence, no tortious or quasi-delictual
liability can be imposed on Balingit as manager of Phil-American Forwarders, in
connection with the vehicular accident in question, because he himself may be
regarded as an employee or dependiente of Phil-American Forwarders.
It is also to be noted that sine petitioners changed their theory on appeal, it was not
allowed by the Court.

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