Vicarious Liability (Torts and Damages Case Digest) JAYME vs APOSTOL G.R. No.

163609 November 27, 2008

SPS. BUENAVENTURA JAYME AND ROSARIO JAYME, petitioners, vs. RODRIGO APOSTOL, FIDEL LOZANO, ERNESTO SIMBULAN, MAYOR FERNANDO Q. MIGUEL, MUNICIPALITY OF KORONADAL (NOW CITY OF KORONADAL), PROVINCE OF SOUTH COTABATO, represented by the MUNICIPAL TREASURER and/or MUNICIPAL MAYOR FERNANDO Q. MIGUEL, and THE FIRST INTEGRATED BONDING AND INSURANCE COMPANY, INC., respondents. FACTS: Fidel Loano, an employee of the Municipality of Koronadal, borrowed the pick-up truck owned by Rodrigo Apostol from its current possessor Ernesto Simbulan to ferry Mayor Miguel of Koronadal to Buayan Airport. The pick-up accidentally hit a minor, Marvin C. Jayme, who was crossing the National Highway. The intensity of the collision sent Marvin 50 meters away from point of impact, a clear indication that Lozano was driving at a very high speed at the time of the accident. Despite medical treatment, Marvin died six days after the accident. Marvins parents filed a complaint for damages with the RTC against the driver, the mayor, the owner of the pick-up, Simbulan and the Municipality of Koronadal (now City), pointing out that the proximate cause was Lozanos negligent and reckless operation of the vehicle. And that applying the doctrine of vicarious liability or imputed liability, Mayor Miguel should be liable for his employees negligent acts. On the other hand, Apostol and Simbulan averred that Lozano took the pick-up without their consent. Mayor Miguel and Lozano pointed that Marvins sudden sprint across the highway made it impossible to avoid the accident. The RTC rendered judgment in favor of Marvins parents, absolving Simbulan and the Municipality of Koronadal from liability. Fidel, Rodrigo and Mayor Miguel are ordered jointly and severally liable to pay Marvins parents damages. In his appeal, Mayor Miguel claims that the real employer of Lozano was the Municipality of Koronadal and not him. The CA granted his appeal and dismissed the case. ISSUE: Whether or not a municipal mayor be held solidarily liable for the negligent acts of the driver assigned to him, which resulted in the death of a minor pedestrian. RULING: NO. PETITION DENIED. Article 2180 of the Civil Code provides that a person is not only liable for one's own quasidelictual acts, but also for those persons for whom one is responsible for. This liability is popularly known as vicarious or imputed liability. To sustain claims against employers for the acts of their employees, the following requisites must be established: (1) That the employee was chosen by the employer personally or through another; (2) That the service to be rendered in

accordance with orders which the employer has the authority to give at all times; and (3) That the illicit act of the employee was on the occasion or by reason of the functions entrusted to him. Significantly, to make the employee liable under paragraphs 5 and 6 of Article 2180, it must be established that the injurious or tortuous act was committed at the time the employee was performing his functions. Indeed, it was the Municipality of Koronadal who is the lawful employer of Lozano at the time of accident. Though Mayor Miguel, also an employee of the municipality, loaned Lozano to drive him to the airport, the Municipality of Koronadal remains to be Lozanos employer. Significantly, no negligence may be imputed against a fellow employee although the person may have the right to control the manner of the vehicle's operation. In the absence of an employeremployee relationship establishing vicarious liability, the driver's negligence should not be attributed to a fellow employee who only happens to be an occupant of the vehicle. Whatever right of control the occupant may have over the driver is not sufficient by itself to justify an application of the doctrine of vicarious liability.