ROLITO CALANG and PHILTRANCO SERVICE ENTERPRISES, INC.

v PEOPLE OF THE PHILIPPINES

August 3, 2010| Brion, J.
Obligations; Kinds of Civil Obligations; As to Rights & Obligations of Multiple Parties; Solidary
ct

DOCTRINE: Articles 2176 and 2180 of the Civil Code pertain to the vicarious liability of an employer for quasi-delicts that an employee
has committed. Such provision of law does not apply to civil liability arising from delict.

CASE SUMMARY: Criminal case was filed against Calang (bus driver) for multiple homicide, multiple physical injuries and destruction of
property thru reckless imprudence after a vehicular mishap. Both he and the bus company were ordered to jointly and severally pay for the
indemnity. Court ruled that bus company has no liability, this being a criminal case only against Calang. Art 2180 on quasi-delicts does not
apply.

FACTS:
1. Calang was driving Philtranco Bus No. 7001, owned by Philtranco, when its left side hit the front portion of a Sarao jeep. The
jeeps driver lost control and bumped and killed a by stander, turned turtle 3 times before stopping, killing 2 passangers and others
sustained injuries.
2. Calang was charged with multiple homicide, multiple serious physical injuries and damage to property thru reckless imprudence
a. RTC ordered Calang and Philtranco, jointly and severally, to pay 50kphp as death indemnity to the heirs of both victims
and 90,083.93php as actual damages to the private complainants
3. Petitioners claim that there was no basis to hold Philtranco jointly and severally liable with Calang because the former was not a
party in the criminal case before the RTC.

ISSUE:
Whether or not Philtranco can be held jointly and severally liable for the indemnities, as the employer of Calang? NO.

RULING:
1. RTC and CA both rred in holding Philtranco jointly and severally liable with Calang because it was Calang that was criminally
charged. Philtranco was not a direct party in the case.
2. Cause of action against Calang was based on delict, RTC & CA erred in holding it jointly and severally liable with Calang based on
quasi-delict under Arts 2176 and 2180.
a. Arts 2176 & 2180 pertain to vicarious liability of an employer for quasi-delicts that an employee has committed.
b. Such provision of the law does not applu to civil liability arising from delict.
3. Philtrancos liability may be subsidiary under Art 103 of the Revised Penal Code, applied to employers for felonies committed by
their servants, puils, workmen, apprentices, or employees in the discharge of their duties
a. This provision and Art 102 (subsidiary civili liabilities of innkeepers, tavernkeepers and properietors of establishmants)
are deemed written into the judgments in cases which they are applicable
4. Before the employers subsidiary liability is enforced, adequate evidence must exist establishing that;
1. They are indeed the employers of the convicted
2. They are engaged in some kind of industry
3. The crim was committed by the employes in the discharge of their duties and
4. The execution against the latter has not been satisfied do to insolvency
a. The determination of these may be done in the same criminal action in which the employees liability has been
pronounced, in a hearing set for that precise purpose, with due notice to the employer, as part of the proceedings for the
execution of the judgment

DISPOSITION:
WHEREFORE, we PARTLY GRANT the present motion. The Court of Appeals decision that affirmed in toto the RTC decision,
finding Rolito Calang guilty beyond reasonable doubt of reckless imprudence resulting in multiple homicide, multiple serious physical
injuries and damage to property, is AFFIRMED, with the MODIFICATION that Philtrancos liability should only be subsidiary. No
costs.

Note:
-The discussed CC provisions in the case arent in the syllabus, but the syllabus mentions Art. 2194: The responsibility of two or more
persons liable under quasi-delict is solidary which still doesnt apply in this case because this was a case arising from delict. Neither can
Art. 110, par. 1 of the RPC: Notwithstanding the provisions of the next preceding article, the principals, accomplices, and accessories,
each within their respective class, shall be liable severally (in solidum) among themselves for their quotas, and subsidiaries for those of the
other persons liable. apply because only Calang was criminally charged.