LG Foods & Victorino Gabor vs. Hon. Philadelfa Agraviador & Sps.

Florention and
Theresa Vallejera
GR No. 158995 (26 September 2006)
FACTS:
On 26 Feb. 1996, Charles Vallejera (7 yrs old) was hit by a Ford Fiera van owned by LG Foods
and driven by Vincent Ferrer (employee). Charles died as a result.
An Information for Reckless Imprudence Resulting to Homicide was filed against Ferrer before
the MTCC Bacolod City. However, before the trial could be concluded, Ferrer committed
suicide. The MTCC had dismissed the case.
On 23 June 1999, in the RTC of Bacolod City, the spouses Vallejera filed a complaint for
damages against LG Foods as employers of the deceased Ferrer. They allege that as the
employers, they had failed to exercise the due diligence in the selection and supervision of their
employees.
LG Foods denied liability for the death of Charles. They claimed that they had exercised the
required due diligence in the selection and supervision of their employees. They moved for the
dismissal of the complaint for lack of cause of action.
LG Foods argued that the complaint is a claim for subsidiary liability against an employer
under Art. 103 of the Revised Penal Code. They contend that there must be first a judgment of
conviction against Ferrer as a condition sine qua non to hold them liable. And because Ferrer
had died during the pendency of the criminal case, the sine qua non condition for their subsidiary
liability was not fulfilled, hence the lack of cause of action on the part of the spouses Vallejera.
On 4 Sept. 2001, the trial court denied the motion to dismiss for lack of merit. To add, the case
exacts responsibility for fault or negligence under Art. 2176 of the Civil Code, which is entirely
separate and distinct from the civil liability arising from negligence under the Revised Penal
Code. They applied Art. 2180 of the Civil Code in determining the liability of LG Foods.
ISSUE:
Is the cause of action of the Spouses Vallejera founded on Art. 103 of the Revised Penal Code (as
LG Foods assert) or derived from Art. 2180 of the Civil Code?
HELD:
The Supreme Court ruled that Art. 2180 of the Civil Code is to be applied in this case.

Under Art. 2180, the liability of the employer is direct or immediate. It is not conditioned upon
prior recourse against the negligent employee and a prior showing of insolvency of such
employee.
The complaint of the Spouses Vallejera had sufficiently alleged that the death of Charles was
caused by the negligent act of LG Foods driver. Hence, LG Foods is civilly liable for the
negligence of their driver for failing to exercise the necessary diligence required of a good
father of the family in the selection and supervision of [their] employee, the driver, which
diligence, if exercised, would have prevented said accident.
To add, the Court also stated that victims of negligence or their heirs have a choice between an
action to enforce the civil liability arising from culpa criminal under Article 100 of the Revised
Penal Code, and an action for quasi-delict (culpa aquiliana) under Articles 2176 to 2194 of the
Civil Code.
Since Ferrer had committed suicide, the Spouses Vallejera had no other remedy but to sue LG
Foods based on their direct and primary liability based on quasi-delict.
The Supreme Court had denied the petition of LG Foods.