Baza Mktg Co v.

Bolinao Security and Investigation Service

Baza Mktg was robbed by one of the guards assigned to the

building in which it is renting. The guard, Fajarilla with the help
of Secreto, 16y/o, entered into one of the holes for aircon and
then took equipment belonging to Baza. Fajarilla was employed
by Bolinao Security.

Both Fajarilla and Secreto were convicted. Court judged them

solidarily liable. Writ of execution was returned due to both’s
insolvency. Bolinao refused to pay saying that the contract to
guard the building was with Bank of Commerce and the lost
property was not that of bank of commerce, hence, it had no
liability. Baza brought the case to court.

RTC dismissed the claim since there was no showing that the
crime was done in the performance of the guard’s work.