Liability of employer under the RPC
(vicarious liability)
In order that an employer may be held
subsidiarily liable for the employee’s civil
liability in the criminal action, it need only be
shown that:
1. The employer is engaged in any kind of
industry;
2. The employee committed the offense in the
discharge of his duties; and
3. The employee is insolvent.
The subsidiary liability of the employer arises
only after conviction of the employee in the
criminal action. When all the requisites are
present, the employer becomes ipso fact
subsidiarily liable upon the employee’s
conviction and upon proof of the latter’s
insolvecy.
Defense: Deny the existence of any or all the
requisites.
Liability of employer under Article 2180
Here, the liability of the employer is direct or
immediate. It is not conditioned upon prior
recourse against the negligent employee and a
prior showing of insolvency of such employee.
Defense: Diligence of a Good Father of Family
Liability of employer under 2176 (quasi delict/
culpa aquiliana)
Here, the liability of the registered owner and
the actual owner is solidarily liable with the
employee.
Liability of employer under culpa contractual
Here, the registered owner who shouldered the
liability has a right to be indemnified by means
of a cross-claim as against the actual employer
of the negligent driver.