OBLIGATIONS AND CONTRACTS | ATTY. MANUEL P.

CASIÑO
Case Digest | Section 1H

Topic: Art 1174 (Fortuitous Event)

Case Number : 222 SCRA 125
Case Name: National Power Corporation vs Court of Appeals

FACTS
This is a petition for review of the decision of the Eighth Division of the Court of
Appeals, which affirmed the decision of the Regional Trial Court of Baguio City,
Branch 5, in Civil Case No. 3082-R, ordering petitioner and its driver, Ricardo
Joson, Jr., to pay damages to the heirs of Andres Malecdan, who had been
killed after being hit by a bus while attempting to cross the National Highway
in Barangay Nungnungan 2 in Cauayan, Isabela. Andres, a 75 year old farmer,
was crossing the national highway. As he was crossing, a bus of Victory Liner,
driven by Ricardo C. Joson, Jr., hit him and the carabao he was riding on
which caused Andres’ death. The heirs of Andres brought a suit for damages in
RTC which held that the driver is guilty of gross negligence in the operation of
his vehicle and Victory Liner, Inc. also guilty of gross negligence in the
selection and supervision of Joson, Jr. In which the CA affirmed.

ISSUE/S
Whether or not the Victory Liner has exercised diligence of a good father of a
family in selecting and supervising its employees for them not be liable for the
act committed by Joson

HELD
Victory Liner was not able to prove that they exercised diligence of a good
father in selecting and supervising its employees. Although it has shown that
they require certain requirements before they hire, they were not able to prove
that Joson has more than 9 years of experience in driving. They were also not
able to prove that Joson has attended any of the said seminars they required
and the records of the speed meters, tickets and of the field inspectors were not
shown which shows that Victory Liner was negligent in supervising Joson.
Hence, Victory Liner is vicariously liable under Art. 2180 of the Civil Code.