Barredo v Garcia 73 Phil (1942)

BOCOBO, J. / kmedl

SUBJECT MATTER: Obligations > Sources of Obligations

CASE SUMMARY: A head-on collision occurred between a taxi and a carretela resulting to the death of
Faustino Garcia, a 16 year old boy. A criminal action was filed against the taxi driver, Pedro Fontanilla,
and was convicted and sentenced. A separate civil action was granted by the criminal court. The parents
of the boy, filed suit against Fausto Barredo, the proprietor of the taxi and the employer of the taxi driver.
The court held that the separate civil action lies with the employer, being primarily and directly
responsible in damages under article 1902 and 1903 of the CC.

DOCTRINES: The employer is primarily and directly responsible for the negligent acts of his employee
under Art 1903 of CC. A quasi-delict or culpa extra-contractual is a separate and distinct legal institution
independent from the civil liability arising from criminal liability.
See notes for cited provisions (this was the old Civil Code)

FACTS:
May 3, 1936, on a road between Malabon and Navotas, Province of Rizal, a head-on collision
occurred between a taxi and a carretela resulting to the death of Faustino Garcia, a 16 year old
boy. A criminal action was filed against the taxi driver, Pedro Fontanilla, and was convicted and
sentenced. Faustino suffered injuries from which he died two days later.
A separate civil action was granted by the criminal court. The parents of the boy, filed suit against
Fausto Barredo, the proprietor of the taxi and the employer of the taxi driver.
Barredo assailed it arguing that his liability is only subsidiary and that the separate civil suit
should have been filed against Fontanilla primarily and not him.

ISSUE/S: WON Pedro Fontanilla should be held primarily liable for the crime of Fausto Barredo
HOLDING: YES. The court held that the separate civil action lies with the employer, being primarily and
directly responsible in damages under article 1902 and 1903 of the CC. Following a decision by the
Supreme Tribunal of Spain, a quasi-delict (culpa aquiliana) is a separate legal institution under the CC. It
is independent from the civil liability arising from criminal liability.
Moreover, the court held that Barredo was negligent in hiring his employees and has not
exercised a diligence of a good father to prevent damage. Fontanilla had had multiple traffic infractions
already before Barredo hired him a failure which was attributed to Barredo as an employer. Had Garcia
not reserved his right to file a separate civil action, Barredo would have only been subsidiarily liable.
Note that Barredo is not being sued for damages arising from a criminal act (his drivers
negligence) but rather for his own negligence in selecting his employee (Article 1903).

Judgment of the Court of Appeals should be and is hereby affirmed, with costs against the
defendant-petitioner.

Notes:
CIVIL CODE
ART. 1089 Obligations arise from law, from contracts and quasi-contracts, and from acts and omissions
which are unlawful or in which any kind of fault or negligence intervenes.
ART. 1092. Civil obligations arising from felonies or misdemeanors shall be governed by the provisions
of the Penal Code.
ART. 1093. Those which are derived from acts or omissions in which fault or negligence, not punishable
by law, intervenes shall be subject to the provisions of Chapter II, Title XVI of this book.
ART 1902. Any person who by an act or omission causes damage to another by his fault or negligence
shall be liable for the damage so done.
ART. 1903. The obligation imposed by the next preceding article is enforceable, not only for personal
acts and omissions, but also for those of persons for whom another is responsible.
The father and in, case of his death or incapacity, the mother, are liable for any damages caused by the
minor children who live with them.
Guardians are liable for damages done by minors or incapacitated persons subject to their authority and
living with them.
Owners or directors of an establishment or business are equally liable for any damages caused by their
employees while engaged in the branch of the service in which employed, or on occasion of the
performance of their duties.
The State is subject to the same liability when it acts through a special agent, but not if the damage shall
have been caused by the official upon whom properly devolved the duty of doing the act performed, in
which case the provisions of the next preceding article shall be applicable.
Finally, teachers or directors of arts trades are liable for any damages caused by their pupils or apprentices
while they are under their custody.
The liability imposed by this article shall cease in case the persons mentioned therein prove that they are
exercised all the diligence of a good father of a family to prevent the damage.
ART. 1904. Any person who pays for damage caused by his employees may recover from the latter what
he may have paid.

REVISED PENAL CODE

ART. 100. Civil liability of a person guilty of felony. Every person criminally liable for a felony is
also civilly liable.
ART. 101. Rules regarding civil liability in certain cases. The exemption from criminal liability
established in subdivisions 1, 2, 3, 5, and 6 of article 12 and in subdivision 4 of article 11 of this Code
does not include exemption from civil liability, which shall be enforced to the following rules:
First. In cases of subdivision, 1, 2 and 3 of article 12 the civil liability for acts committed by any imbecile
or insane person, and by a person under nine years of age, or by one over nine but under fifteen years of
age, who has acted without discernment shall devolve upon those having such person under their legal
authority or control, unless it appears that there was no fault or negligence on their part.
Should there be no person having such insane, imbecile or minor under his authority, legal guardianship,
or control, or if such person be insolvent, said insane, imbecile, or minor shall respond with their own
property, excepting property exempt from execution, in accordance with the civil law.
Second. In cases falling within subdivision 4 of article 11, the person for whose benefit the harm has been
prevented shall be civilly liable in proportion to the benefit which they may have received.
The courts shall determine, in their sound discretion, the proportionate amount for which each one shall
be liable.
When the respective shares cannot be equitably determined, even approximately, or when the liability
also attaches to the Government, or to the majority of the inhabitants of the town, and, in all events,
whenever the damage has been caused with the consent of the authorities or their agents, indemnification
shall be made in the manner prescribed by special laws or regulations.
Third. In cases falling within subdivisions 5 and 6 of article 12, the persons using violence or causing the
fear shall be primarily liable and secondarily, or, if there be no such persons, those doing the act shall be
liable, saving always to the latter that part of their property exempt from execution.
ART. 102. Subsidiary civil liability of innkeepers, tavern keepers and proprietors of establishment. In
default of persons criminally liable, innkeepers, tavern keepers, and any other persons or corporation shall
be civilly liable for crimes committed in their establishments, in all cases where a violation of municipal
ordinances or some general or special police regulation shall have been committed by them or their
employees.
Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their
houses lodging therein, or the person, or for the payment of the value thereof, provided that such guests
shall have notified in advance the innkeeper himself, or the person representing him, of the deposit of
such goods within the inn; and shall furthermore have followed the directions which such innkeeper or his
representative may have given them with respect to the care of and vigilance over such goods. No liability
shall attach in case of robbery with violence against or intimidation against or intimidation of persons
unless committed by the innkeepers employees.

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.

ART. 365. Imprudence and negligence. Any person who, by reckless imprudence, shall commit any
act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto
mayor in its maximum period to prision correccional in its minimum period; if it would have constituted a
less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed.
Any person who, by simple imprudence or negligence, shall commit an act which would otherwise
constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if
it would have constituted a less serious felony, the penalty of arresto mayor in its minimum period shall
be imposed.