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Persons Independent Civil Action (Quasi-Delicts/Torts)

This case involves a head-on collision between a taxi owned by Fausto Barredo and a carretela that resulted in the death of one of the carretela's passengers, the 16-year old son of Severino Garcia and Timotea Almario. The taxi driver, an employee of Barredo, was convicted of criminal negligence. Garcia and Almario then filed a separate civil suit against Barredo, as the taxi driver's employer, to recover damages. The Court of Appeals found Barredo liable for damages. The Supreme Court affirms, finding that under Philippine law, the negligent act can give rise to both criminal liability of the driver and separate civil liability of the employer under the Civil Code.

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Alessiah S. PAGAYON
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60 views

Persons Independent Civil Action (Quasi-Delicts/Torts)

This case involves a head-on collision between a taxi owned by Fausto Barredo and a carretela that resulted in the death of one of the carretela's passengers, the 16-year old son of Severino Garcia and Timotea Almario. The taxi driver, an employee of Barredo, was convicted of criminal negligence. Garcia and Almario then filed a separate civil suit against Barredo, as the taxi driver's employer, to recover damages. The Court of Appeals found Barredo liable for damages. The Supreme Court affirms, finding that under Philippine law, the negligent act can give rise to both criminal liability of the driver and separate civil liability of the employer under the Civil Code.

Uploaded by

Alessiah S. PAGAYON
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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PERSONS INDEPENDENT CIVIL ACTION (QUASI-DELICTS/TORTS)

Title GR No. 48006

FAUSTO BARREDO v. SEVERINO GARCIA Date: 8 July 1942

Fausto Barredo – Petitioner SEVERINO GARCIA and TIMOTEA ALMARIO – Respondents

Nature of the case: This case comes up from the Court of Appeals which held the petitioner herein, Fausto Barredo, liable in damages
for the death of Faustino Garcia caused by the negligence of Pedro Fontanilla, a taxi driver employed by said Fausto Barredo.

FACTS

A head-on collision between a taxicab owned by Barredo and a carretela occurred. The carretela was overturned and one of its
passengers, a 16-year old boy, the son of Garcia and Almario, died as a result of the injuries which he received. The driver of the
taxicab, an employee of Barredo, was prosecuted for the crime and was convicted. When the criminal case was instituted, Garcia
and Almario reserved their right to institute a separate civil action for damages. Subsequently, Garcia and Almario instituted a civil
action for damages against Barredo, the employer of the taxicab driver.

ISSUE/S

1. Whether or not they can file a separate civil action against Fausto Barredo making him primarily and directly responsible

RATIO

Quasi-delict or culpa acquiliana is a distinct legal institution under the Civil Code of the Philippines is completely separate and independent from a delict
or crime under the Revised Penal Code. In this jurisdiction, the same negligent act causing damage may produce civil liability (subsidiary) arising from
a crime under Article 103 of the Revised Penal Code of the Philippines; or create an action for quasi-delicto or culpa aquiliana under Articles 2179 and
2180 of the Civil Code and the parties are free to choose which course to take. And in the instant case, the negligent act of Fontanilla produces two
(2) liabilities of Barredo: First, a subsidiary one because of the civil liability of Fontanilla arising from the latter’s criminal negligence under Article 103 of
the Revised Penal Code, and second, Barredo’s primary and direct responsibility arising from his presumed negligence as an employer under Article
2180 of the Civil Code. As the plaintiffs are free to choose what remedy to take, they preferred the second, which is within their rights. This is the more
expedious and effective method of relief because Fontanilla was either in prison or just been released or had no property. Barredo was held liable for
damages

RULING

In view of the foregoing, the judgment of the Court of Appeals should be and is hereby affirmed, with costs against the defendant-
petitioner.

Notes

CPU 1-B 2020-21 (JAGOLINO)

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