INTERNATIONAL FLAVORS AND FRAGRANCES (PHIL) INC., V.

ARGOS
Published by paul on July 27, 2013 | Leave a response

INTERNATIONAL FLAVORS AND FRAGRANCES (PHIL) INC.,

petitioner, vs. MERLIN J. ARGOS and JAJA C.
PINEDA, respondents
G.R. No. 130362. September 10, 2001

Facts:

Merlin J. Argos and Jaja C. Pineda, general manager and commercial director
respectively of the International Flavors and Fragrances Incorporated (IFFI)
filed a libel case against Hernan H. Costa, the managing director of IFFI after
being described by the latter as pesona non grata in his Personal
Announcement after termination of their services. They later filed a separate
civil case for damages against Costa and IFFI in its subsidiary capacity as
employer with the Regional Trial Court of Pasig wherein IFFI moved to
dismiss the complaint. The Regional Trial Court granted IFFI’s motion to
dismiss for respondent’s failure to reserve its right to institute a separate civil
action. Upon a motion for reconsideration, the Regional Trial Court granted
Argos and Pineda’s petition which was later affirmed by the appellate court.

Issue:

Whether or not Argos and Pineda could sue IFFI for damages based on
subsidiary liability in an independent civil action under Article 33 of the Civil
Code.

Ruling:

IFFI, petitioner contends that respondents did not allege that IFFI was
primarily liable for damages and on the contrary, the complaint was replate
with references that IFFI was being sued for its subsidiary capacity. Article 33
of the New Civil Code provides that in cases of defamation, a civil action for
damages, entirely separate and distinct from the criminal action, may be
brought by the injured party. As ruled in Joaquin vs. Aniceto however, article
33 contemplates an action against the employee in his primary capacity. It
does not apply to an action against the employer to enforce its subsidiary civil
liability as such liability arises only after conviction of the employee in the
criminal case or when the employee adjudged guilty of the wrongful act. Thus,
the Supreme Court granted IFFI’s petition for dismissal.