Barredo Vs Garcia - Digest
Barredo Vs Garcia - Digest
Issue: W/N plaintiffs may bring separate civil action against Fausto Barredo, thus
making him primarily and directly responsible under Art. 1903 of the civil code as
an employer of Pedro Fontanilla
Ruling:
In the present case, the taxi driver was found guilty of criminal negligence,
so that if he had even sued for his civil responsibility arising from the crime, he
would have been held primarily liable for civil damages, and Barredo would have
been held subsidiarily liable for the same. But the plaintiffs are directly suing
Barredo, on his primary responsibility because of his own presumed negligence
which he did not overcome under article 1903. Thus, there were two
liabilities of Barredo: first, the subsidiary one because of the civil liability of the
taxi driver arising from the latter's criminal negligence; and, second, Barredo's
primary liability as an employer under article 1903. The plaintiffs were free to
choose which course to take, and they preferred the second remedy.
The master is liable for the negligent acts of his servant where he is the
owner or director of a business or enterprise and the negligent acts are
committed while the servant is engage in his masters employment as such
owner.