SUBJECT:

Torts

TOPIC:

Date Made:
August 26, 2016

Digest Maker:
Tristan Carlos
Castillo

CASE NAME: Barredo v Garcia

PONENTE:Bocobo, J.
Case Date: July 8, 1942
Case Summary:
Barredo held liable for the death of Fuastino Garcia which was caused by Fontanilla, a
taxi driver employed by Barredo. Fontanilla was found guilty by the CFI of Rizal. Garcia
reserved the right to file a separate civil action which was grandted by CFI of Rizal.
Garcia then filed an action for damages against Barredo, the sole proprietor of the
Malate Taxicab which employs Fontanilla.
The CFI of Manila awarded P2,000 damages+interests in favor of Garcia. Barredo
appealed to the CA. The CA modified the award to P1,000+interests.
Barredo appealed to the SC. SC affirmed CA decision.
Rule of Law:
Detailed Facts:

AAVA.
Motion
for
Reconsideration
and
while
pending,
Municipality
of
Sangguniang
Resolution
No.
Bayan,
94-179
passed
correcting
an
alleged
description
under
the
heading
of
a
parcel
"Institutional
of
land
Zone"
in
91-39,
"Lot
25,
adjusting
Block
1,
the
Phase
description
V,
Ayala
V,
Ayala
Alabang."
is
not
a
case
Resolution
of
a
mere
No.
correction
94-179
of
an
property
and
therefore
into
an
remanded
institutional
the
area,
Muntinlupa
for
the
conduct
of
the
required
public
hearings.
The
HLURB
spouses
Resolution
Alfonso
to
appealed
the
the
that
Muntinlupa
Resolution
No.
94179
is
a
mere
rectifying
issuance
the
notice
mandatory
and
hearing.
requirements
CA
affirmed
of
modifications
with
Alfonso
with
an
annotated
Deed
of
Restrictions,
which
states
exclusively
establishment
used
and
for
maintenance
the
thereon
of
a
spouses
same
lot
The
Alfonso
Learning
opened
Child
on
Center
the
expanded
to
include
a
grade
school
program.
AAVA
filed
with
the
alleging
TLC
and
breach
the
spouses
of
contract.
Alfonso,
RTC
AAVA.
Motion
for
Reconsideration
and
while
pending,
Municipality
of
Sangguniang
Resolution
No.
Bayan,
94-179
passed
correcting
an
alleged
description
under
the
heading
of
a
parcel
"Institutional
of
land
Zone"
in
91-39,
"Lot
25,
adjusting
Block
1,
the
Phase
description
V,
Ayala
V,
Ayala
Alabang."
is
not
a
case
Resolution
of
a
mere
No.
correction
94-179
of
an
property
and
therefore
into
an
remanded
institutional
the
area,
Muntinlupa
for
the
conduct
of
the
required
public
hearings.
The
HLURB
spouses
Resolution
Alfonso
to
appealed
the
the
that
Muntinlupa
Resolution
No.
94179
is
a
mere
rectifying
issuance
the
notice
mandatory
and
hearing.
requirements
CA
affirmed
of
modifications
with
spouses
Alfonso
with
an
annotated
Deed
of
Restrictions,
which
states
exclusively
establishment
used
and
for
maintenance
the
thereon
of
a
same
lot
The
Alfonso
Learning
opened
Child
on
Center
the
expanded
to
include
a
grade
school
program.
AAVA
filed
with
the
TLC
alleging
and
breach
the
spouses
of
contract.
Alfonso,
RTC
spouses
AAVA.
Motion
Reconsideration
and
while
pending,
Municipality
of
Sangguniang
Resolution
No.
Bayan,
94-179
passed
correcting
an
alleged
description
under
heading
of
a
"Institutional
of
land
Zone"
in
91-39,
"Lot
25,
adjusting
Block
1,
the
Phase
description
V,area,
Ayala
V,
Ayala
Alabang."
is
not
athe
case
Resolution
of
aparcel
mere
No.
correction
94-179
of
an
property
and
therefore
into
an
remanded
institutional
the
Muntinlupa
for
the
conduct
of
the
required
public
hearings.
The
HLURB
spouses
Resolution
Alfonso
to
appealed
the
the
that
Muntinlupa
Resolution
No.
94179
is
afor
mere
rectifying
issuance
the
notice
mandatory
and
hearing.
requirements
CA
affirmed
of
modifications
with
-

May 3, 1936, Fontanilla was driving on the wrong side of the road and hit a
carretela.
- A passenger of the carretela, Faustino Garcia, died two days later due to injuries
sustained in the accident.
- Fontanilla was sued and the CFI of Rizal convicted and sentenced him to one year
and one day to two years of prision correccional
- Meanwhile, Garcia sued Barredo in a separate civil action.
- CFI of Manila ruled in favor of Garcia. Barredo appealed to the CA. CA modified and
reduced the award given by the CFI.
- SC affirmed CA.
- Main argument of Barredo is that he is only subsidiary liable and Garcia should first
exhaust the properties of Fontanilla before he can run after Barredo.
Issue:
W/N Garcia can bring this separate civil action and hold Barredo to be primarily and
directly liable under Article 1903 of the (old) Civil Code - YES
Holding:
The subsidiary liability of the employer based on the RPC is different from his direct and
primary liability based on 1903 of the Civil Code.
There is a distinction between civil liability arising from criminal negligence (governed by
the RPC) and responsibility for fault or negligence under articles 1902-1910 of the Civil
Code.
The primary and direct responsibility of employers is to protect society. The employer is
expected to be careful in choosing and supervising their employees. It is the employers
who primarily benefit from their employees and they should therefore guarantee their
employees conduct for the personal and patrimonial safety of others.
Ruling:
CA affirmed.
Other Opinions:

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