TOGUAY, Paul Jeffrey U.

2019-80129
Block 4

Citation G.R. No. 165732

Date December 14, 2006

Petitioner SAFEGUARD SECURITY AGENCY, INC and ADMER PAJARILLO

Respondent LAURO TANGCO, VAL TANGCO, VERN LARRY TANGCO, VAN LAURO TANGCO,
VON LARRIE TANGCO, VIEN LARI TANGCO and VIVIEN LAURIZ TANGCO

PRINCIPLES/
DOCTRINES

FACTS:

ISSUE:

RULING:

1.
Basic is the legal principle that the nature of an action is determined by the
material averments in the complaint and the character of the relief sought.
Undeniably, Gregorio’s civil complaint, read in its entirety, is a complaint based on quasi-
delict under Article 2176, in relation to Article 26 of the Civil Code, rather than on
malicious prosecution.
 In every tort case filed under Article 2176 of the Civil Code, the plaintiff has to prove by a
preponderance of evidence:
(1) the damages suffered by him;
(2) the fault or negligence of the defendant or some other person to whose act he
must respond;
(3) the connection of cause and effect between the fault or negligence and the
damages incurred; and
(4) that there must be no preexisting contractual relation between the parties.

Article 26 of the Civil Code grants a cause of action for damages, prevention, and other
relief in cases of breach, though not necessarily constituting a criminal offense, of the following
rights:
(1) right to personal dignity;
(2) right to personal security;
(3) right to family relations;
(4) right to social intercourse;
(5) right to privacy; and
(6) right to peace of mind.

In the case at bar, It appears that Gregorio’s rights to personal dignity, personal security,
privacy, and peace of mind were infringed by Sansio and Datuin when they failed to exercise the
requisite diligence in determining the identity of the person they should rightfully accuse of
tendering insufficiently funded checks. This resulted to the inconvenient arrest, humiliation,
embarrassment in the family considering that she had held several honorable positions in
different organizations and offices in the public service and she was not even afforded to
contravert the allegations against her because of the wrong address. There exists no contractual
relation between Gregorio and Sansio. On the other hand, Gregorio is prosecuting Sansio, under
Article 2180 of the Civil Code, for its vicarious liability, as employer, arising from the act or
omission of its employee Datuin.

WHEREFORE, the petition is GRANTED. The Decision dated January 31, 2007 and the
Resolution dated September 12, 2007 are REVERSED and SET ASIDE. Costs against
respondents.