#9 Manalo vs. Robles Trans., [99 Phil. 729 G.R. No.

L-8171, August 16, 1956] (FCD)

Facts:

The plaintiffs are parents of the deceased 11 year old kid who was ran over by a taxi in
an accident. The driver was prosecuted for homicide through reckless imprudence and after trial
was found guilty of the charge and sentenced to one year prision correccional, to indemnify the
heirs of the deceased in the amount of P3,000, in case of insolvency to suffer subsidiary
imprisonment, and to pay costs. Edgardo Hernandez served out his sentence but failed to pay
the indemnity. Two writs of execution were issued against him to satisfy the amount of the
indemnity, but both writs were returned unsatisfied by the sheriff who certified that no property,
real or personal, in Hernandez’ name could be found. Petitioners filed the action against the
taxicab company to enforce its subsidiary liability. The trial court rendered judgment sentencing
the defendant Company to pay to plaintiffs damages in the amount of P3,000 with interest at 12
per cent per annum from November 14, 1952, plus P600 for attorney’s fees and expenses for
litigation, with costs. The Company is appealing from this decision.

Issue:

Whether or not the taxicab company can be held subsidiary liable

Ruling:

Yes. The judgment convicting the driver of a vehicle of homicide through reckless
imprudence, in the absence of any collusion between the defendant and offended party, is
binding upon the party subsidiarily liable.

Finding the decision appealed from to be in accordance with law, the same is hereby
affirmed, with costs.

Notes:

If there are several creditors or debtors involved in an obligation, that is, if there is a plurality of
obliged parties, a distinction is made between several liability, joint liability, and subsidiary
liability. For example, under several liability, each of a number of debtors is responsible, but only
to a certain defined extent. Under joint liability, the creditor has the right to demand full
execution from any of the debtors. A debtor who has singly fulfilled a joint obligation has the
right to bring suit against his fellow debtors. Subsidiary liability recognizes the right of a creditor,
after bringing suit against the primary debtor, to seek the unfulfilled portion of the obligation from
another debtor. Examples of subsidiary liability include the liability of joint debtors to a fellow
debtor who has compensated losses jointly caused, the liability of parents or guardians for
damage caused by their minor children between the ages of 15 and 18, and the liability of a
guarantor under a contract of suretyship.

Source: https://encyclopedia2.thefreedictionary.com/Civil+Liability