Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch 3, Baguio City
Heirs of Condonuevo,
Plaintiff,
Civil Case No. 1223443434
- versus Golden Knight Security Agency,
Defendant,
x-----------------x

POSITION PAPER
Plaintiff by the undersigned counsel and unto this Honorable
Court, most respectfully submits this position paper and avers the
following to wit:
PREFATORY STATEMENT
The Plaintiff in this case are the heirs of
Condonuevo.
The Defendant is Golden Knight Security Agency.

Solomon

STATEMENT OF FACTS
The plaintiffs are the heirs of Condonuevo who was killed in a
hostage incident in First Optima Realty Corp. building on F. Roman
Street. Condonuevo was a lawyer who held on the first floor of the
said building. Charlemaene Aton was the security guard on duty
employed by the Golden Knight Security Agency. Condonuevo was
taken as hostage and later killed by Aton.
The lawyer was about to leave the building when he could
not find his car keys. He vented his frustration to Aton which
turned into a heated argument. The fight between the two men
turned into a hostage situation, with Aton drawing his service
firearm, detaining Condonuevo and holding him at gunpoint inside
his small law office. The hostage situation lasted for more than 10
hours. Towards the end of the hostage incident, the guard shot
the lawyer in the head with a .38-cal. revolver before shooting
himself also in the head.
ISSUES
1) Whether or not Aton was negligent

According to Art. 2176, Whoever by act or omission causes

damage to another, there being fault or negligence, is obliged to
pay for the damage done. Such fault or negligence, if there is no
pre-existing contractual relation between the parties, is called a
quasi-delict and is governed by the provisions of this Chapter.
Furthermore, Article 2176 covers not only acts not punishable by
law but also acts criminal in character, whether intentional and
voluntary or negligent.
Negligence is the omission of that degree of diligence which
is required by the nature of the obligation and corresponding to
the circumstances of the persons, time and place. Aton was
negligent in taking Condonuevo as hostage. As a security guard,
his duty was to ensure the safety of the persons and property in
the building. Atons negligence resulted to the death of
Condonuevo.
2) Whether or not Golden Knight Security Agency is liable for the
act of its employee
Article 2176 provides for liability in case of fault or
negligence. When the act or omission is that of one person for
whom another is responsible, the latter becomes himself liable
under Article 2180. The basis of this vicarious liability is also fault
or negligence, which is presumed from that which accompanied
the causative act or omission.
Article 2180. The obligation imposed by Article 2176 is
demandable not only for ones own acts or omissions, but also for
those of persons for whom one is responsible. Employers shall be
liable for the damages caused by their employees and household
helpers acting within the scope of their assigned tasks, even
though the former are not engaged in any business or industry.
In Soliman, Jr. v. Tuazon, the Supreme Court held that where
the security agency recruits, hires and assigns the works of its
watchmen or security guards to a client, the employer of such
guards or watchmen is such agency, and not the client, since the
latter has no hand in selecting the security guards.
Golden Knight Security Agency is liable for the negligent act
of its security guards.
PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed of this Honorable Court, that decision be rendered, to wit:

1. Declaring the Defendant primarily liable for the negligent

act of Aton;
2. Ordering the Defendant to pay the Plaintiffs moral, actual,
and exemplary damages
Other reliefs just and equitable under the premises are also
prayed for.

Republic of the Philippines

REGIONAL TRIAL COURT
First Judicial Region
Branch 3, Baguio City
Heirs of Condonuevo,
Plaintiff,
Civil Case No. 1223443434
- versus Golden Knight Security Agency,
Defendant,
x-----------------x

POSITION PAPER
Plaintiff by the undersigned counsel and unto this Honorable
Court, most respectfully submits this position paper and avers the
following to wit:
PREFATORY STATEMENT
The Plaintiff in this case are the heirs of
Condonuevo.
The Defendant is Golden Knight Security Agency.

Solomon

STATEMENT OF FACTS
The plaintiffs are the heirs of Condonuevo who was killed in a
hostage incident in First Optima Realty Corp. building on F. Roman
Street. Condonuevo was a lawyer who held on the first floor of the
said building. Charlemaene Aton was the security guard on duty
employed by the Golden Knight Security Agency. Condonuevo was
taken as hostage and later killed by Aton.
The lawyer was about to leave the building when he could
not find his car keys. He vented his frustration to Aton which
turned into a heated argument. The fight between the two men
turned into a hostage situation, with Aton drawing his service
firearm, detaining Condonuevo and holding him at gunpoint inside
his small law office. The hostage situation lasted for more than 10
hours. Towards the end of the hostage incident, the guard shot
the lawyer in the head with a .38-cal. revolver before shooting
himself also in the head.
ISSUES
1) Whether or not Condonuevo acts contributed to his death

Art. 2179. When the plaintiff's own negligence was the

immediate and proximate cause of his injury, he cannot recover
damages. But if his negligence was only contributory, the
immediate and proximate cause of the injury being the
defendant's lack of due care, the plaintiff may recover damages,
but the courts shall mitigate the damages to be awarded.
Condonuevo initiated the fight by ventilating his frustrations
to Aton. He was the one who caused the argument which led to
his death.
2) Whether or not Golden Knight Security Agency is liable for the
act of its employee
Defendant insists that they exercise of due diligence in the
selection and supervision of employees. The Golden Knight
Security agency complied with the necessary requirements such
providing trainings and seminars to their security guards. All
guards prior to employment goes through a rigorous selection and
mandated to pass their nueropsycholigical test.
PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed of this Honorable Court, that the petition be dismissed.