2015 Civil Law, Q14

A driver of a bus owned by company Z ran over a boy who died instantly. A criminal case for reckless imprudence resulting in homicide was filed against the driver. He was convicted and was ordered to pay P2 Million in actual and moral damages to the parents of the boy who was an honor student and had a bright future. Without even trying to find out if the driver had assets or means to pay the award of damages, the parents of the boy filed a civil action against the bus company to make it directly liable for the damages.
a) Will their action prosper? (4%)
b) If the parents of the boy do not wish to file a separate civil action against. the bus company, can they still make the bus company liable if the driver cannot’ pay the award for damages? If so, what is the nature of the employer’s liability and how may civil damages be satisfied? (3%)

Quick check

What is the nature of an employer's liability for a quasi-delict committed by an employee under Article 2180 of the Civil Code?

Under Article 103 of the Revised Penal Code, when does the subsidiary liability of an employer attach?

What defense may an employer raise to defeat a primary civil action based on quasi-delict under Article 2180?

Under Article 2177 of the Civil Code, what restriction applies to recovering damages under both penal and civil laws?

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How may the subsidiary civil liability of an employer be satisfied if the convicted employee is insolvent?

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1. Employer Vicarious Liability
Under Article 2180 of the Civil Code, employers are liable for damages caused by their employees acting within the scope of their assigned tasks. This liability is direct, primary, and independent of the employee's financial solvency. The injured party may institute a separate civil action against the employer based on quasi-delict without first exhausting remedies against the negligent employee. The employer can escape liability only by proving that it exercised the diligence of a good father of a family in the selection and supervision of its employees.

2. Employer Subsidiary Liability
Under Article 103 of the Revised Penal Code, employers engaged in any kind of industry are subsidiarily liable for civil indemnities adjudged against their employees convicted of crimes committed in the discharge of their duties. Unlike primary vicarious liability under civil law, subsidiary criminal liability requires that the employee be convicted in the criminal action and that execution against the employee's property returns unsatisfied due to insolvency. Once insolvency is established, the subsidiary liability of the employer can be enforced directly in the same criminal proceeding.

3. Independent Civil Actions
Under Article 2177 of the Civil Code, responsibility for fault or negligence under quasi-delict is entirely separate and distinct from civil liability arising from negligence under the Revised Penal Code. An injured party or his heirs may choose to pursue an independent civil action for quasi-delict against the employer or enforce the employer's subsidiary criminal liability. However, the plaintiff cannot recover damages twice for the same act or omission. The choice of remedy dictates the required burden of proof and the necessity of establishing employee insolvency.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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