Professional Documents
Culture Documents
Vicarious liability of the State it acts through a special agent; a special agent is one who
receives a definite and fixed order or commission,
foreign to the exercise of the duties of his office if he is a
E. Merritt vs Government Of The Philippine special official. This does not apply to any executive
Islands agent who is an employee of the acting administration
G.R. No. L-11154 March 21, 1916 and who on his own responsibility performs the functions
which are inherent in and naturally pertain to his office
and which are regulated by law and the regulations.
Facts: E. Merritt was riding on a motorcycle travelling at
ten to twelve miles per hour when he collided with the
General Hospital ambulance which turned suddenly and Therefore, the State is only liable for the acts of its
unexpectedly before reaching the center of the street agents, officers and employees when they act as special
and without sounding its whistle or horn in violation of agents within the meaning of paragraph 5 of article 1903
the Motor Vehicle Act. The plaintiff suffered from (now Article 2180); and that the chauffeur of the
fractures to the skull, material injury to the grey matter ambulance of the General Hospital was not such an
and brain and a broken right leg as a result of the agent for which the State is made liable.
collision. He was mentally and physically impaired such
that he lost his efficiency in constructing wooden Inocencio Rosete vs.The Auditor General
buildings, which was his occupation. G.R. No. L-1120 (August 31, 1948)
Act No. 2457 was enacted specifically to Facts: Inocencio Rosete and others filed a claim against
authorize E.Merritt to bring suit against the Government the Government for damages caused to buildings
“in order to fix the responsibility for the collision belonging to the claimants, which were destroyed by fire
between his motorcycle and the ambulance of the from the contiguous warehouse of the Emergency
General Hospital, and to determine the amount of the Control Administration, ECA, an office or agency of the
damages, if any, to which Mr. E. Merritt is entitled on Government. The fire was initiated by the reckless
account of said collision.” ignition of a cigarette-lighter by a certain Jose Frayno y
Panlilio near a five-gallon drum where gasoline was
The court found the chauffeur of the ambulance solely drained and stored in contrary to the provisions of
negligent and awarded plaintiff a total P14,741. Ordinances of the City of Manila.
Issue: Whether the Government is legally liable for the The Insular Auditor denied or dismissed the
damages resulting from the collision committed by the claim of Rosete and others in the amount of P35,376.
agent or employee of the Government
Issue: Whether the government is liable for the
RULING: The SC increased the total damages awarded to damages sustained by the claimant under article 1903 of
plaintiff to P18,075 since he was incapacitated for a the Civil Code (now Article 2180)
period of six months and not only for the time he
remained confined in the hospital. Ruling: The pertinent provision reads as follows:
The general rule is that the Government cannot ART. 1903. The obligation imposed by the
be sued by an individual without its consent. In preceding article is enforceable not only for
accordance with Act No.2457, the plaintiff was personal acts and omissions but also for those
authorized to bring action against the Government in persons for whom another is responsible.
order to fix the responsibility for the collision and to
determine the amount of the damages, if any. However,
The state is liable in the scene when it acts through a
Act No. 2457 does not operate to extend the
special agent, but not when the damage should have
Government's liability to any cause not previously
been caused by the official to whom it properly pertained
recognized. According to the Civil Code Article 1903 (now
to do the act performed, in which case the provisions of
Art 2180):
the preceding article shall be applicable.
“The state is liable in this sense when it acts through a
special agent, but not when the damage should have The court citing Merritt vs. Government of the Philippine
been caused by the official to whom properly it Islands held that the state is not liable for damages
pertained to do the act performed, in which case the suffered by private individuals by government employees
provisions of the preceding article shall be in the discharge of their responsibilities unless such act
applicable.” was committed by a special agent, “duly empowered by
a definite order or commission to perform some act or
charged with some definite purpose which gives rise to of its patrimonial property, it is to be regarded as a
the claim.” Since the officers of the ECA did not act as private corporation or individual so far as its liability to
special agents and there is no negligence imputable to a third persons on contract or in tort is concerned.
special agent, the government is not liable for the
damages resulting from the negligence complained of. Mendoza had a vested right to the exclusive operation of
the ferry; and there is no evidence that there was
Act No. 327, authorizing the filing of claims justifiable reason for his eviction. The contention that
against the Government with the Insular Auditor, does Mendoza was operating a ferry that was not leased to
not make any and all claims against the Government him is untenable since it was the vice-president himself
allowable or the Government responsible for such who personally placed him in possession thereof, a fact
claims. know to the council members.
Officers or agents of the Government charged 1. Its public or governmental aspects where it is liable for
with the performance of governmental duties are not the tortious acts of special agents only.
liable for the consequences of their official acts, unless
they have acted willfully and maliciously, and with the 2. Its private or business aspects where it becomes liable
express purpose of inflicting injury. as an ordinary employer.
Considering the foregoing, respondent NIA is Even assuming that the incident took place in a
hereby directed to pay herein petitioners-spouses the national highway, it is not necessary for liability to attach
amounts of P12,000.00 for the death of Francisco that the defective roads or streets belongs to the
Fontanilla; P3,389.00 for hospitalization and burial province, city or municipality from which responsibility is
expenses of the aforenamed deceased; P30,000.00 as exacted. What Article 2189 requires is that the province,
moral damages; P8,000.00 as exemplary damages and city or municipality have either "control or supervision"
attorney's fees of 20% of the total award. over said street or road.
City of Manila vs. Teotico Republic Act No. 917 provides that the
G.R. No. L-23052 (January 29, 1968) construction, maintenance and improvement of national,
provincial and city roads shall be accomplished by the
Facts: Genaro N. Teotico fell inside an uncovered and Highway District Engineers and Highway City Engineers.
unlighted manhole when he attempted to board a
jeepney at a "loading and unloading" zone. As a result of Liability of employees
the fall, Teotico’s eyeglasses broke and its shards pierced
his left eyelid, impairing his vision. Aside from the
lacerated wound in his left upper eyelid, he also suffered Araneta vs. De Joya
from several contusions to his body and an allergic G.R. No. L-25172 (May 24, 1974)
eruption caused by anti-tetanus injections administered
to him in the hospital. His medical expenses amounted to Facts: Antonio de Joya was the general manager of the
P1,400.00. Ace Advertising. He proposed that an employee, Ricardo
Taylor, be sent to the United States to take up special
As a consequence of the foregoing occurrence, studies in television. Although the board of directors
Teotico filed a complaint for damages against the City of failed to act on the proposal, Taylor was still sent to the
Manila, its mayor, city engineer, city health officer, city US, with the assurance that Taylor’s expenses would be
treasurer and chief of police. The City of Manila and its defrayed by parties other than the company.
officers contended that every time a report that a cover
of a manhole is missing, the Office of the City Engineer Taylor received his salaries while abroad
immediately had it replaced and that they were attentive through checks and vouchers signed by Luis Araneta
thereto. (vice-president), Vicente Araneta (company treasurer) or
de Joya. The total costs of Taylor’s travel and study
The trial court rendered a decision in favour of expenses was P 5,043.20.
the City of Manila but the Court of Appeals sentenced
the City of Manila to pay damages amounting to Ace Advertising filed a complaint with the court
P6,750.00. for the recovery of the total amount disbursed to Taylor
since the travel and expenses were made without its
Issue: Whether the City of Manila is liable for payment of knowledge, authority or ratification. A third-party
damages to Teotico complaint was filed by de Joya against Vicente Araneta,
Luis Araneta and Taylor.
Held: Between RA 409, the Charter of Manila, exempting
the City from liability, and the Civil Code, the Civil Code
Both Aranetas disowned any personal liability, evidently primarily liable for his reckless driving resulting
claiming that they signed the checks covering part of the to the damage caused to Lanuzo under Article 2176 of
travel expenses and payroll in good faith since they were the Civil Code2
approved by de Joya.
Sy Bon Ping, as employer, is also primary and
The trial court ruled that de Joya was liable for direct under Article 2180 of the Civil Code, which
the amount disbursed by the company but dismissed the explicitly provides:
third party complaint, while the Court of Appeals held
that according to the facts of the case, the two Aranetas Employers shall be liable for the damages
were also privy to the unauthorized disbursement of the caused by their employees and household
corporate moneys jointly with the appellant. helpers acting within the scope of their assigned
tasks, even though the former are not engaged
Issue: Whether Luis Araneta is solidarily liable with de in any business or industry.
Joya and Vicente Araneta for payment of the erroneously
disbursed funds. Sy Bon Ping failed to disprove the legal
presumption of his negligence in the selection and
Ruling: Luis Araneta is guilty of a quasi-delict. His supervision of this employee (Article 2180) and is primary
allegations of good faith were not substantiated and and solidarily liable with Mendoza. Nevertheless, Sy Bon
established. In fact, as vice-president of the company, Ping may demand reimbursement from Mendoza for
Luis Araneta remained passive concerning the whatever amount he will have to pay the offended party
unauthorized disbursement of corporate funds and to satisfy the claim for damages3.
approved three of the payroll checks for Taylor’s salary.
Luis Araneta evidently neglected to perform his duties as Malipol vs. Tan
an officer of the firm.
G.R. No. L-27730 January 21, 1974
1
Applying Article 2194 of the New Civil Code, it
Facts: Pantaleon Malijan was walking with his companion
is proper that the other joint tortfeasors be made
Leonardo Amante when he was hit by a gasoline tanker,
solidarily liable and shoulder their proportional
got thrown to the ground and was ran over by the
responsibility.
tanker’s right wheel that got detached. Although he was
brought to the hospital, Malijan died that night from
Engineers/Architect- Nature of liability "possible traumatic cerebral hemorrhage due to
Lanuzo vs. Sy Bon Ping vehicular accident."
G.R. No. L-53064 September 25, 1980
The gasoline tanker at that time was driven by
Facts: Salvador Mendoza, driver of Sy Bon Ping, Ernesto Labsan and was used and owned by Lily Lim Tan
recklessly and negligently rammed the residential house for her gasoline business. The mother and minor siblings
and store or Felix Lanuzo. The total damage to his of Malijan filed a complaint for damages against Tan and
property was P13,000 and he was deprived of his Labsan. The trial court ruled that Labsan was primarily
monthly income from the store of P300. liable to pay the damages, and in case he would not be
able to do so, Tan would be subsidiarily liable.
In a complaint for damages instituted by Lanuzo
independently from the criminal action, the trial court Issue: Whether the trial court erred in ruling Labsan as
ruled that Sy Bon Ping and Mendoza were jointly and primarily liable for damages, and Tan as subsidiarily
severally liable to pay Lanuzo P 13,000.00 as damages liable.
and P 300.00, representing Lanuzo’s monthly income,
until the entire P 13,000.00 has been paid in full. Held: The court ruled that the trial court correctly denied
the motion to set aside order of default and for new trial;
Issue: Whether Sy Bon Ping, as employer, and however, the trial court erred in holding Tan subsidiarily
Mendoza, as employee are solidarily liable for payment liable.
of damages to Lanuzo
Issue: Whether Patricio and Gregorio Hufana should be Lim filed a complaint for damages against Fiscal de Leon
made equally liable although they were third-party and Maddela. Lim contended that there was a violation
defendants and not principal defendants of his constitutional rights when the motor launch was
seized without a search warrant. As defense, de Leon and
Held: The fact that the respondents were not sued as Maddela contended that the motor launch was the
principal defendants but were brought into the cases as corpus delicti in an ongoing investigation and filed a
third party defendants should not preclude a finding of counterclaim for malicious and groundless filing of the
their liability. complaint by Lim and Taha.
With respect to damages, Delfin Lim and Jikil However, when the action (for injury to
Taha were entitled to damages under Article 32 and 2219 the rights of the plaintiff or for a quasi-
of the New Civil Code for the violation of their delict) arises from or out of any act,
constitutional right. Good faith is not a defense against activity or conduct of any public officer
liability under Article 32 of the NCC. To be liable it is involving the exercise of powers or
enough that there was a violation of the constitutional authority arising from Martial Law
rights of the plaintiffs and it is not required that the act including the arrest, detention and/or
was attended with bad faith or malice. trial of the plaintiff, the same must be
brought within one (1) year.
Therefore, Fiscal de Leon was liable to pay
damages to Delfin Lim for violating his constitutional Even if the suspension of the privilege of the writ of
right; but Orlando Maddela cannot be held accountable habeas corpus suspended petitioners' right of action for
because he acted upon the order of his superior officer damages for illegal arrest and detention, it did not
believing that there was a legal basis and authority to extend to suspend their right to demand damages for
impound the launch. injuries suffered through the confiscation of their private
belongings, the violation of their right to remain silent
and to counsel and their right to protection against
Aberca vs. Ver
unreasonable searches and seizures and against torture
G.R. No. L-69866 April 15, 1988 and other cruel and inhuman treatment.
Facts: The intelligence units of the Armed Forces of the As to who should be made liable for damages,
Philippines, known as Task Force Makabansa (TFM), were the doctrine of respondent superior is applicable to the
ordered by General Fabian Ver "to conduct pre-emptive case. Article 32 speaks of “an officer or employee or
strikes against known communist-terrorist (CT). The person 'directly' or "indirectly" responsible for the
plaintiffs complained that in the execution of such order, violation of the constitutional rights and liberties of
the TFM raided several places using “defectively issued another”. Thus, the person directly causing damage and
judicial warrants” and arrested the plaintiffs without the person indirectly responsible has also to answer for
warrant, confiscated personal property, interrogated the damages or injury caused to the aggrieved party.
plaintiffs without council and employed threats, tortures Article 32 of the Civil Code encompasses within the ambit
and other forms of violence. of its provisions those directly, as well as indirectly,
responsible for its violation.
The plaintiffs filed an action for damages, which
was dismissed by the trial court on the grounds that (1) MHP Garments vs. CA
the privilege of the writ of habeas corpus was
suspended, (2) the defendants were performing their G.R. No. 86720 September 2, 1994
official duties and (3)the complaint states no cause of
action. Facts: MHP Garments, Inc. had the exclusive franchise to
sell and distribute official Boy Scouts uniforms, supplies,
badges, and insignias. When MHP Garments received
Issue: Whether the suspension of the privilege of the
information that Agnes Villa Cruz, Mirasol Lugatiman,
writ of habeas corpus bars a civil action for damages for
and Gertrudes Gonzales were selling Boy Scouts items
illegal searches conducted by military personnel and
and paraphernalia without any authority, Larry de
other violations of rights and liberties guaranteed under
Guzman, an employee of MHP Garments, together with
the Constitution, and if so, who should be made liable
members of the police constabulary, went to the stores An information for homicide and serious
of Cruz, Lugatiman, and Gonzales at the Marikina Public physical injuries thru reckless imprudence was filed
Market and seized these items. The seizure caused a against the driver while an action for damages was filed
commotion to the embarrassment of Cruz, Lugatiman by Edgar Marcia and Renato Yap, and the heirs of
and Gonzales. Clemente Marcia against the Victory Liner, Inc. and
Felardo Paje.
MHP Garments instituted a criminal complaint
for unfair competition against the vendors. The Provincial The trial court initially convicted Paje of the
fiscal dismissed the complaint and ordered the return of offense charged, but on appeal, Paje was acquitted after
the seized items. Cruz, Lugatiman and Gonzales it was found that he was not speeding and was diligent,
instituteed an action for sums of money and damages but the collision, nevertheless, took place and was a
against MHP Garments and de Guzman. MHP Garments fortuitous event. It further ruled that criminal negligence
contend that they should not be made liable for damages was wanting and that Paje was not even guilty of civil
since they did not commit the act of seizure. negligence.
Issue: Whether MHP Garments and de Guzman should The court dismissed the civil case against Paje
be held liable for the seizure of the goods in question and Victory Liner ruling that they could not be held civilly
although it was the Police constabulary who effected the liable after it had ruled in the criminal action that
seizure negligence was wanting and that the collision was a case
of pure accident.
Held: The seizure was conducted without a warrant in
evident violation of the constitutional right of the Issue: Whether the acquittal in the criminal case would
vendors. The facts of the case did not justify the result in the dismissal in the civil case
warrantless search and seizure of the vendors’ goods.
There was sufficient time for de Guzman in behalf of Held: The judgment of acquittal included a declaration
MHP Garments to secure a warrant from the time of that the fact from which civil liability may arise did not
receipt of the information and the raid of the stores. exist. In acquitting Paje, the court ruled that the event
was an accident and that Paje was without fault, and it is
Although the Philippine Constabulary conducted only proper that the civil case be dismissed.
the raid, their omission as party to the complaint does
not exculpate MHP Garments and de Guzman from Furthermore, the charge against Felardo Paje
liability. The company was indirectly involved in was not for homicide and physical injuries but for
transgressing the rights of Cuz, Lugatiman and Gonzales. reckless imprudence or criminal negligence resulting in
homicide and physical injuries. They are not one of the
It was MHP Garments who instigated the raid three (3) crimes mentioned in Article 33 of the Civil Code
and the raid was conducted with the active participation and, therefore, no civil action shall proceed
of their employee, Larry de Guzman, who apparently independently of the criminal prosecution, which
assented to the conduct of the raid and is as liable to the provides:
same extent as the officers themselves. The corporation
is also liable to the same extent as the officers when it ART. 33. In cases of defamation, fraud, and
received the goods for safekeeping and refused to physical injuries, a civil action for damages,
surrender them for quite a time despite the dismissal of entirely separate and distinct from the
its complaint for unfair competition. criminal action may be brought by the
injured party. Such civil action shall proceed
independently of the criminal prosecution,
Independent Civil Action (Defamation, and shall require only a preponderance of
evidence.
Fraud and Physical Injuries)
Therefore, it was only proper that the court dismiss the
Marcia et al. vs.CA civil case against Paje and Victory Liner since Paje was
G.R. No. L-34529 January 27, 1983 acquitted of the fact from which the civil case arose.