G.R. No. 170498 January 9, 2013METROPOLITAN BANK & TRUST
COMPANY, Petitioner, vs.ABSOLUTE MANAGEMENT CORPORATION,
Respondent.D E C I S I O NBRION, J.:We resolve petitioner
Metropolitan Bank & Trust Company's (Metro bank's) petition for
review on certiorari1 seeking the reversal of the decision2 dated
August 25, 2005 and the resolution3 dated November 17, 2005 of the
Court of Appeals (CA) in CA-G.R. SP No. 86336. The assailed
decision affirmed the order4 dated May 7, 2004 of the Regional
Trial Court (RTC) of Quezon City, Branch 80. The RTC had denied the
admission of Metrobank's Fourth-Party Complaint5 against the Estate
of Jose L. Chua for being a money claim that falls under Section 5,
Rule 86 of the Rules of Court; the claim should have been filed in
the pending judicial settlement of Chuas estate before the RTC of
Pasay City. The CA affirmed the RTCs order based on the same
ground.Factual AntecedentsOn October 5, 2000, Sherwood Holdings
Corporation, Inc. (SHCI) filed a complaint for sum of money against
Absolute Management Corporation (AMC). The complaint was docketed
as Civil Case No. Q-00-42105 and was assigned to the RTC of Quezon
City, Branch 80.6SHCI alleged in its complaint that it made advance
payments to AMC for the purchase of 27,000 pieces of plywood and
16,500 plyboards in the sum of P12,277,500.00, covered by Metrobank
Check Nos. 1407668502, 140768507, 140768530, 140768531, 140768532,
140768533 and 140768534. These checks were all crossed, and were
all made payable to AMC. They were given to Chua, AMCs General
Manager, in 1998.7
Chua died in 1999, 8 and a special proceeding for the settlement
of his estate was commenced before the RTC of Pasay City. This
proceeding was pending at the time AMC filed its answer with
counterclaims and third-party complaint.9
SHCI made demands on AMC, after Chuas death, for allegedly
undelivered items worth P8,331,700.00. According to AMC, these
transactions could not be found in its records. Upon investigation,
AMC discovered that in 1998, Chua received from SHCI 18 Metrobank
checks worth P31,807,500.00. These were all payable to AMC and were
crossed or "for payees account only."10In its answer with
counterclaims and third-party complaint,11 AMC averred that it had
no knowledge of Chuas transactions with SHCI and it did not receive
any money from the latter. AMC also asked the RTC to hold Metrobank
liable for the subject checks in case it is adjudged liable to
SHCI.Metrobank filed a motion for bill of particulars,12 seeking to
clarify certain ambiguous statements in AMCs answer. The RTC
granted the motion but AMC failed to submit the required bill of
particulars. Hence, Metrobank filed a motion to strike out the
third-party complaint.13In the meantime, Metrobank filed a motion
to dismiss14 against AMC on the ground that the latter engaged in
prohibited forum shopping. According to Metrobank, AMCs claim
against it is the same claim that it raised against Chuas estate in
Special Proceedings No. 99-0023 before the RTC of Pasay City,
Branch 112. The RTC subsequently denied this motion.15The RTC of
Quezon City opted to defer consideration16 of Metrobanks motion to
strike out third-party complaint17 and it instead granted AMCs
motion for leave to serve written interrogatories on the
third-party defendant.18 While Metrobank filed its answer to the
written interrogatories, AMC was again directed by the RTC, in an
order19 dated August 13, 2003, to submit its bill of particulars.
Instead, AMC filed a motion for reconsideration20 which was denied
in an order21 dated October 28, 2003. AMC still did not file its
bill of particulars. The RTC, on the other hand, did not act on
Metrobanks motion to strike out AMCs third-party complaint.22In its
answer23 dated December 1, 2003, Metrobank admitted that it
deposited the checks in question to the account of Ayala Lumber and
Hardware, a sole proprietorship Chua owned and managed. The deposit
was allegedly done with the knowledge and consent of AMC. According
to
Metrobank, Chua then gave the assurance that the arrangement for
the handling of the checks carried AMCs consent. Chua also
submitted documents showing his position and interest in AMC. These
documents, as well as AMCs admission in its answer that it allowed
Chua to manage AMC with a relative free hand, show that it knew of
Chuas arrangement with Metrobank. Further, Chuas records show that
the proceeds of the checks were remitted to AMC which cannot
therefore now claim that it did not receive these
proceeds.Metrobank also raised the defense of estoppel. According
to Metrobank, AMC had knowledge of its arrangements with Chua for
several years. Despite this arrangement, AMC did not object to nor
did it call the attention of Metrobank about Chuas alleged lack of
authority to deposit the checks in Ayala Lumber and Hardwares
account. At this point, AMC is already estopped from questioning
Chuas authority to deposit these checks in Ayala Lumber and
Hardwares account.Lastly, Metrobank asserted that AMC gave Chua
unbridled control in managing AMCs affairs. This measure of control
amounted to gross negligence that was the proximate cause of the
loss that AMC must now bear.Subsequently, Metrobank filed a motion
for leave to admit fourth-party complaint24 against Chuas estate.
It alleged that Chuas estate should reimburse Metrobank in case it
would be held liable in the third-party complaint filed against it
by AMC.The RTCs RulingIn an order25 dated May 7, 2004, the RTC
denied Metrobanks motion. It likewise denied Metrobanks motion for
reconsideration in an order26 dated July 7, 2004.The RTC
categorized Metrobanks allegation in the fourth-party complaint as
a "cobro de lo indebido"27 a kind of quasi-contract that mandates
recovery of what has been improperly paid. Quasi-contracts fall
within the concept of implied contracts that must be included in
the claims required to be filed with the judicial settlement of the
deceaseds estate under Section 5, Rule 86 of the Rules of Court. As
such claim, it should have been filed in Special Proceedings No.
99-0023, not before the RTC as a fourth-party complaint. The RTC,
acting in the exercise of its general jurisdiction, does not have
the authority to adjudicate the fourth-party complaint. As a trial
court hearing an ordinary action, it cannot resolve matters
pertaining to special proceedings because the latter is subject to
specific rules.
Metrobank responded to the RTC ruling by filing a petition for
certiorari28 under Rule 65 before the CA.The CAs RulingThe CA
affirmed the RTCs ruling that Metrobanks fourth-party complaint
should have been filed in Special Proceedings No. 99-0023.29
According to the CA, the relief that Metrobank prayed for was based
on a quasi-contract and was a money claim categorized as an implied
contract that should be filed under Section 5, Rule 86 of the Rules
of Court.Based on the statutory construction principle of lex
specialis derogat generali, the CA held that Section 5, Rule 86 of
the Rules of Court is a special provision that should prevail over
the general provisions of Section 11, Rule 6 of the Rules of Court.
The latter applies to money claims in ordinary actions while a
money claim against a person already deceased falls under the
settlement of his estate that is governed by the rules on special
proceedings. If at all, rules for ordinary actions only apply
suppletorily to special proceedings.The Present PetitionIn its
present petition for review on certiorari,30 Metrobank asserts that
it should be allowed to file a fourth-party complaint against Chuas
estate in the proceedings before the RTC; its fourth-party
complaint was filed merely to enforce its right to be reimbursed by
Chuas estate in case Metrobank is held liable to AMC. Hence,
Section 11, Rule 6 of the Rules of Court should apply.AMC, in its
comment,31 maintains the line that the CA and the RTC rulings
should be followed, i.e., that Metrobanks claim is a quasi-contract
that should be filed as a claim under Section 5, Rule 86 of the
Rules of Court.AMC also challenges the form of Metrobanks petition
for failure to comply with Section 4, Rule 45 of the Rules of
Court. This provision requires petitions filed before the Supreme
Court to be accompanied by "such material portions of the record as
would support the petition."According to AMC, the petitions annexes
are mostly Metrobanks pleadings and court issuances. It did not
append all relevant AMC pleadings before the RTC and the CA. For
this reason, the petition should have been dismissed
outright.IssuesThe parties arguments, properly joined, present to
us the following issues:1) Whether the petition for review on
certiorari filed by Metrobank before the Supreme Court complies
with Section 4, Rule 45 of the Rules of Court; and2) Whether
Metrobanks fourth-party complaint against Chuas estate should be
allowed.The Courts RulingThe Present Petition Complies With Section
4, Rule 45 of the Rules of CourtAMC posits that Metrobanks failure
to append relevant AMC pleadings submitted to the RTC and to the CA
violated Section 4, Rule 45 of the Rules of Court,32 and is a
sufficient ground to dismiss the petition under Section 5, Rule 45
of the Rules of Court.33We disagree with AMCs position.In F.A.T.
Kee Computer Systems, Inc. v. Online Networks International,
Inc.,34 Online Networks International, Inc. similarly assailed
F.A.T. Kee Computer Systems, Inc.s failure to attach the transcript
of stenographic notes (TSN) of the RTC proceedings, and claimed
this omission to be a violation of Section 4, Rule 45 of the Rules
of Court that warranted the petitions dismissal. The Court held
that the defect was not fatal, as the TSN of the proceedings before
the RTC forms part of the records of the case. Thus, there was no
incurable omission that warranted the outright dismissal of the
petition.The Court significantly pointed out in F.A.T. Kee that the
requirement in Section 4, Rule 45 of the Rules of Court is not
meant to be an absolute rule whose violation would automatically
lead to the petitions dismissal.35 The Rules of Court has not been
intended to be totally rigid. In fact, the Rules of Court provides
that the Supreme Court "may require or allow the filing of such
pleadings, briefs, memoranda or documents as it may deem necessary
within such periods and under such conditions as it may consider
appropriate";36 and "[i]f the petition is given due course, the
Supreme Court may require the elevation of the complete record of
the case or specified parts thereof within fifteen (15) days from
notice."37 These provisions are in keeping with the overriding
standard that procedural rules should be liberally construed to
promote their objective and to assist the parties in obtaining a
just, speedy and inexpensive determination of every action or
proceeding.38Under this guiding principle, we do not see Metrobanks
omission to be a fatal one that should warrant the petitions
outright dismissal. To be sure, the omission to submit the adverse
partys pleadings in a petition before the Court is not a
commendable practice as it may lead to an unduly biased narration
of facts and arguments that masks the real issues before the Court.
Such skewed presentation could lead to the waste of the Courts time
in sifting through the maze of the parties narrations of facts and
arguments and is a danger the Rules of Court seeks to avoid.Our
examination of Metrobanks petition shows that it contains AMCs
opposition to its motion to admit fourth-party complaint among its
annexes. The rest of the pleadings have been subsequently submitted
as attachments in Metrobanks Reply. A reading of these pleadings
shows that their arguments are the same as those stated in the
orders of the trial court and the Court of Appeals. Thus, even if
Metrobanks petition did not contain some of AMCs pleadings, the
Court still had the benefit of a clear narration of facts and
arguments according to both parties perspectives. In this broader
view, the mischief that the Rules of Court seeks to avoid has not
really been present. If at all, the omission is not a grievous one
that the spirit of liberality cannot address.The Merits of the Main
IssueThe main issue poses to us two essential points that must be
addressed. First, are quasi-contracts included in claims that
should be filed pursuant to Rule 86, Section 5 of the Rules of
Court? Second, if so, is Metrobanks claim against the Estate of
Jose Chua based on a quasi-contract?Quasi-contracts are included
inclaims that should be filed under Rule86, Section 5 of the Rules
of CourtIn Maclan v. Garcia,39 Gabriel Maclan filed a civil case to
recover from Ruben Garcia the necessary expenses he spent as
possessor of a piece of land. Garcia acquired the land as an heir
of its previous owner. He set up the defense that this claim should
have been filed in the special proceedings to settle the estate of
his predecessor. Maclan, on the other hand, contended that his
claim arises from law and not from contract, express or implied.
Thus, it need not be filed in the settlement of the estate of
Garcias predecessor, as mandated by Section 5, Rule 87 of the Rules
of Court (now Section 5, Rule 86).The Court held under these facts
that a claim for necessary expenses spent as previous possessor of
the land is a kind of quasi-contract. Citing Leung Ben v. OBrien,40
it explained that the term "implied contracts," as used in our
remedial law, originated from the common law where obligations
derived from quasi-contracts and from law are both considered as
implied contracts. Thus, the term quasi-contract is included in the
concept "implied contracts" as used in the Rules of Court.
Accordingly, liabilities of the deceased arising from
quasi-contracts should be filed as claims in the settlement of his
estate, as provided in Section 5, Rule 86 of the Rules of
Court.41Metrobanks fourth-party complaint isbased on
quasi-contractBoth the RTC and the CA described Metrobanks claim
against Chuas estate as one based on quasi-contract. A
quasi-contract involves a juridical relation that the law creates
on the basis of certain voluntary, unilateral and lawful acts of a
person, to avoid unjust enrichment.42 The Civil Code provides an
enumeration of quasi-contracts,43 but the list is not exhaustive
and merely provides examples.44According to the CA, Metrobanks
fourth-party complaint falls under the quasi-contracts enunciated
in Article 2154 of the Civil Code.45 Article 2154 embodies the
concept "solutio indebiti" which arises when something is delivered
through mistake to a person who has no right to demand it. It
obligates the latter to return what has been received through
mistake.46Solutio indebiti, as defined in Article 2154 of the Civil
Code, has two indispensable requisites: first, that something has
been unduly delivered through mistake; and second, that something
was received when there was no right to demand it.47
In its fourth-party complaint, Metrobank claims that Chuas
estate should reimburse it if it becomes liable on the checks that
it deposited to Ayala Lumber and Hardwares account upon Chuas
instructions.
This fulfills the requisites of solutio indebiti. First,
Metrobank acted in a manner akin to a mistake when it deposited the
AMC checks to Ayala Lumber and Hardwares account; because of Chuas
control over AMCs operations, Metrobank assumed that the checks
payable to AMC could be deposited to Ayala Lumber and Hardwares
account. Second, Ayala Lumber and Hardware had no right to demand
and receive the checks that were deposited to its account; despite
Chuas control over AMC and Ayala Lumber and Hardware, the two
entities are distinct, and checks exclusively and expressly payable
to one cannot be deposited in the account of the other. This
disjunct created an obligation on the part of Ayala Lumber and
Hardware, through its sole proprietor, Chua, to return the amount
of these checks to Metrobank.The Court notes, however, that its
description of Metrobanks fourth-party complaint as a claimclosely
analogous to solutio indebiti is only to determine the validity of
the lower courts orders denying it. It is not an adjudication
determining the liability of Chuas estate against Metrobank. The
appropriate trial court should still determine whether Metrobank
has a lawful claim against Chuas estate based on
quasi-contract.1wphi1Metrobanks fourth-party complaint,as a
contingent claim, falls within theclaims that should be filed
underSection 5, Rule 86 of the Rules ofCourtA distinctive character
of Metrobanks fourth-party complaint is its contingent nature the
claim depends on the possibility that Metrobank would be adjudged
liable to AMC, a future event that may or may not happen. This
characteristic unmistakably marks the complaint as a contingent one
that must be included in the claims falling under the terms of
Section 5, Rule 86 of the Rules of Court:Sec. 5. Claims which must
be filed under the notice. If not filed, barred; exceptions. All
claims for money against the decedent, arising from contract,
express or implied, whether the same be due, not due, or
contingent, all claims for funeral expenses and expenses for the
last sickness of the decedent, and judgment for money against the
decedent, must be filed within the time limited in the notice.
[italics ours]
Specific provisions of Section 5, Rule86 of the Rules of Court
prevail overgeneral provisions of Section 11, Rule6 of the Rules of
CourtMetrobank argues that Section 11, Rule 6 of the Rules of Court
should apply because it impleaded Chuas estate for reimbursement in
the same transaction upon which it has been sued by AMC. On this
point, the Court supports the conclusion of the CA, to wit:Notably,
a comparison of the respective provisions of Section 11, Rule 6 and
Section 5, Rule 86 of the Rules of Court readily shows that Section
11, Rule 6 applies to ordinary civil actions while Section 5, Rule
86 specifically applies to money claims against the estate. The
specific provisions of Section 5, Rule 86 x x x must therefore
prevail over the general provisions of Section 11, Rule 6.48We read
with approval the CAs use of the statutory construction principle
of lex specialis derogat generali, leading to the conclusion that
the specific provisions of Section 5, Rule 86 of the Rules of Court
should prevail over the general provisions of Section 11, Rule 6 of
the Rules of Court; the settlement of the estate of deceased
persons (where claims against the deceased should be filed) is
primarily governed by the rules on special proceedings, while the
rules provided for ordinary claims, including Section 11, Rule 6
ofthe Rules of Court, merely apply suppletorily.49In sum, on all
counts in the considerations material to the issues posed, the
resolution points to the affirmation of the assailed CA decision
and resolution. Metrobank's claim in its fourth-party complaint
against Chua's estate is based on quasi-contract. It is also a
contingent claim that depends on another event. Both belong to the
category of claims against a deceased person that should be filed
under Section 5, Rule 86 of the Rules of Comi and, as such, should
have been so filed in Special Proceedings No. 99-0023.WHEREFORE,
premises considered, we hereby DENY the petition for lack of merit.
The decision of the Court of Appeals dated August 25, 2005, holding
that the Regional Trial Court of Quezon City, Branch 80, did not
commit grave abuse of discretion in denying Metropolitan Bank &
Trust Company's motion for leave to admit fourth-party complaint
IsAFFIRMED. Costs against Metropolitan Bank & Trust Company.SO
ORDERED.ARTURO D. BRIONAssociate JusticeBarredo vs Garcia This case
comes up from the Court of Appeals which held the petitioner
herein, Fausto Barredo, liable in damages for the death of Faustino
Garcia caused by the negligence of Pedro Fontanilla, a taxi driver
employed by said Fausto Barredo.
At about half past one in the morning of May 3, 1936, on the
road between Malabon and Navotas, Province of Rizal, there was a
head-on collision between a taxi of the Malate Taxicab driven by
Pedro Fontanilla and a carretela guided by Pedro Dimapalis. The
carretela was overturned, and one of its passengers, 16-year-old
boy Faustino Garcia, suffered injuries from which he died two days
later. A criminal action was filed against Fontanilla in the Court
of First Instance of Rizal, and he was convicted and sentenced to
an indeterminate sentence of one year and one day to two years of
prision correccional. The court in the criminal case granted the
petition that the right to bring a separate civil action be
reserved. The Court of Appeals affirmed the sentence of the lower
court in the criminal case. Severino Garcia and Timotea Almario,
parents of the deceased on March 7, 1939, brought an action in the
Court of First Instance of Manila against Fausto Barredo as the
sole proprietor of the Malate Taxicab and employer of Pedro
Fontanilla. On July 8, 1939, the Court of First Instance of Manila
awarded damages in favor of the plaintiffs for P2,000 plus legal
interest from the date of the complaint. This decision was modified
by the Court of Appeals by reducing the damages to P1,000 with
legal interest from the time the action was instituted. It is
undisputed that Fontanilla 's negligence was the cause of the
mishap, as he was driving on the wrong side of the road, and at
high speed. As to Barredo's responsibility, the Court of Appeals
found:... It is admitted that defendant is Fontanilla's employer.
There is proof that he exercised the diligence of a good father of
a family to prevent damage. (See p. 22, appellant's brief.) In fact
it is shown he was careless in employing Fontanilla who had been
caught several times for violation of the Automobile Law and
speeding (Exhibit A) violation which appeared in the records of the
Bureau of Public Works available to be public and to himself.
Therefore, he must indemnify plaintiffs under the provisions of
article 1903 of the Civil Code.The main theory of the defense is
that the liability of Fausto Barredo is governed by the Revised
Penal Code; hence, his liability is only subsidiary, and as there
has been no civil action against Pedro Fontanilla, the person
criminally liable, Barredo cannot be held responsible in the case.
The petitioner's brief states on page 10:... The Court of Appeals
holds that the petitioner is being sued for his failure to exercise
all the diligence of a good father of a family in the selection and
supervision of Pedro Fontanilla to prevent damages suffered by the
respondents. In other words, The Court of Appeals insists on
applying in the case article 1903 of the Civil Code. Article 1903
of the Civil Code is found in Chapter II, Title 16, Book IV of the
Civil Code. This fact makes said article to a civil liability
arising from a crime as in the case at bar simply because Chapter
II of Title 16 of Book IV of the Civil Code, in the precise words
of article 1903 of the Civil Code itself, is applicable only to
"those (obligations) arising from wrongful or negligent acts or
commission not punishable by law.The gist of the decision of the
Court of Appeals is expressed thus:... We cannot agree to the
defendant's contention. The liability sought to be imposed upon him
in this action is not a civil obligation arising from a felony or a
misdemeanor (the crime of Pedro Fontanilla,), but an obligation
imposed in article 1903 of the Civil Code by reason of his
negligence in the selection or supervision of his servant or
employee.The pivotal question in this case is whether the
plaintiffs may bring this separate civil action against Fausto
Barredo, thus making him primarily and directly, responsible under
article 1903 of the Civil Code as an employer of Pedro Fontanilla.
The defendant maintains that Fontanilla's negligence being
punishable by the Penal Code, his (defendant's) liability as an
employer is only subsidiary, according to said Penal code, but
Fontanilla has not been sued in a civil action and his property has
not been exhausted. To decide the main issue, we must cut through
the tangle that has, in the minds of many confused and jumbled
together delitos and cuasi delitos, or crimes under the Penal Code
and fault or negligence under articles 1902-1910 of the Civil Code.
This should be done, because justice may be lost in a labyrinth,
unless principles and remedies are distinctly envisaged.
Fortunately, we are aided in our inquiry by the luminous
presentation of the perplexing subject by renown jurists and we are
likewise guided by the decisions of this Court in previous cases as
well as by the solemn clarity of the consideration in several
sentences of the Supreme Tribunal of Spain.Authorities support the
proposition that a quasi-delict or "culpa aquiliana " is a separate
legal institution under the Civil Code with a substantivity all its
own, and individuality that is entirely apart and independent from
delict or crime. Upon this principle and on the wording and spirit
article 1903 of the Civil Code, the primary and direct
responsibility of employers may be safely anchored.CIVIL CODEART.
1089Obligations arise from law, from contracts and quasi-contracts,
and from acts and omissions which are unlawful or in which any kind
of fault or negligence intervenes.ART. 1092. Civil obligations
arising from felonies or misdemeanors shall be governed by the
provisions of the Penal Code.ART. 1093. Those which are derived
from acts or omissions in which fault or negligence, not punishable
by law, intervenes shall be subject to the provisions of Chapter
II, Title XVI of this book.ART 1902. Any person who by an act or
omission causes damage to another by his fault or negligence shall
be liable for the damage so done.ART. 1903. The obligation imposed
by the next preceding article is enforcible, not only for personal
acts and omissions, but also for those of persons for whom another
is responsible.The father and in, case of his death or incapacity,
the mother, are liable for any damages caused by the minor children
who live with them.Guardians are liable for damages done by minors
or incapacitated persons subject to their authority and living with
them.Owners or directors of an establishment or business are
equally liable for any damages caused by their employees while
engaged in the branch of the service in which employed, or on
occasion of the performance of their duties.The State is subject to
the same liability when it acts through a special agent, but not if
the damage shall have been caused by the official upon whom
properly devolved the duty of doing the act performed, in which
case the provisions of the next preceding article shall be
applicable.Finally, teachers or directors of arts trades are liable
for any damages caused by their pupils or apprentices while they
are under their custody.The liability imposed by this article shall
cease in case the persons mentioned therein prove that they are
exercised all the diligence of a good father of a family to prevent
the damage.ART. 1904. Any person who pays for damage caused by his
employees may recover from the latter what he may have paid.REVISED
PENAL CODEART. 100. Civil liability of a person guilty of felony.
Every person criminally liable for a felony is also civilly
liable.ART. 101. Rules regarding civil liability in certain cases.
The exemption from criminal liability established in subdivisions
1, 2, 3, 5, and 6 of article 12 and in subdivision 4 of article 11
of this Code does not include exemption from civil liability, which
shall be enforced to the following rules:First. In cases of
subdivision, 1, 2 and 3 of article 12 the civil liability for acts
committed by any imbecile or insane person, and by a person under
nine years of age, or by one over nine but under fifteen years of
age, who has acted without discernment shall devolve upon those
having such person under their legal authority or control, unless
it appears that there was no fault or negligence on their part.G.R.
No. L-32599June 29, 1979EDGARDO E. MENDOZA, petitioner vs.HON.
ABUNDIO Z. ARRIETA, Presiding Judge of Branch VIII, Court of First
Instance of Manila, FELINO TIMBOL, and RODOLFO SALAZAR,
respondents.David G. Nitafan for petitioner.Arsenio R. Reyes for
respondent Timbol.Armando M. Pulgado for respondent
Salazar.MELENCIO-HERRERA, J:Petitioner, Edgardo Mendoza, seeks a
review on certiorari of the Orders of respondent Judge in Civil
Case No. 80803 dismissing his Complaint for Damages based on
quasi-delict against respondents Felino Timbol and Rodolfo
Salazar.The facts which spawned the present controversy may be
summarized as follows:On October 22, 1969, at about 4:00 o'clock in
the afternoon, a three- way vehicular accident occurred along
Mac-Arthur Highway, Marilao, Bulacan, involving a Mercedes Benz
owned and driven by petitioner; a private jeep owned and driven by
respondent Rodolfo Salazar; and a gravel and sand truck owned by
respondent Felipino Timbol and driven by Freddie Montoya. As a
consequence of said mishap, two separate Informations for Reckless
Imprudence Causing Damage to Property were filed against Rodolfo
Salazar and Freddie Montoya with the Court of First Instance of
Bulacan. The race against truck-driver Montoya, docketed as
Criminal Case No. SM-227, was for causing damage to the jeep owned
by Salazar, in the amount of Pl,604.00, by hitting it at the right
rear portion thereby causing said jeep to hit and bump an oncoming
car, which happened to be petitioner's Mercedes Benz. The case
against jeep-owner-driver Salazar, docketed as Criminal Case No. SM
228, was for causing damage to the Mercedes Benz of petitioner in
the amount of P8,890.00At the joint trial of the above cases,
petitioner testified that jeep-owner- driver Salazar overtook the
truck driven by Montoya, swerved to the left going towards the
poblacion of Marilao, and hit his car which was bound for Manila.
Petitioner further testified that before the impact, Salazar had
jumped from the jeep and that he was not aware that Salazar's jeep
was bumped from behind by the truck driven by Montoya. Petitioner's
version of the accident was adopted by truck driver Montoya.
Jeep-owner-driver Salazar, on the other hand, tried to show that,
after overtaking the truck driven by Montoya, he flashed a signal
indicating his intention to turn left towards the poblacion of
Marilao but was stopped at the intersection by a policeman who was
directing traffic; that while he was at a stop position, his jeep
was bumped at the rear by the truck driven by Montova causing him
to be thrown out of the jeep, which then swerved to the left and
hit petitioner's car, which was coming from the opposite
direction.
On July 31, 1970, the Court of First Instance of Bulacan, Branch
V, Sta. Maria, rendered judgment, stating in its decretal
portion:
IN VIEW OF THE FOREGOING, this Court finds the accused Freddie
Montoya GUILTY beyond reasonable doubt of the crime of damage to
property thru reckless imprudence in Crime. Case No. SM-227, and
hereby sentences him to pay a fine of P972.50 and to indemnify
Rodolfo Salazar in the same amount of P972.50 as actual damages,
with subsidiary imprisonment in case of insolvency, both as to fine
and indemnity, with costs.Accused Rodolfo Salazar is hereby
ACQUITTED from the offense charged in Crime. Case No. SM-228, with
costs de oficio, and his bond is ordered canceledSO ORDERED. 1Thus,
the trial Court absolved jeep-owner-driver Salazar of any
liability, civil and criminal, in view of its findings that the
collision between Salazar's jeep and petitioner's car was the
result of the former having been bumped from behind by the truck
driven by Montoya. Neither was petitioner awarded damages as he was
not a complainant against truck-driver Montoya but only against
jeep-owner-driver SalazarOn August 22, 1970, or after the
termination of the criminal cases, petitioner filed Civil Case No.
80803 with the Court of First Instance of Manila against
respondents jeep-owner-driver Salazar and Felino Timbol, the latter
being the owner of the gravel and sand truck driven by Montoya, for
indentification for the damages sustained by his car as a result of
the collision involving their vehicles. Jeep-owner-driver Salazar
and truck-owner Timbol were joined as defendants, either in the
alternative or in solidum allegedly for the reason that petitioner
was uncertain as to whether he was entitled to relief against both
on only one of them.On September 9, 1970, truck-owner Timbol filed
a Motion to Dismiss Civil Case No. 80803 on the grounds that the
Complaint is barred by a prior judgment in the criminal cases and
that it fails to state a cause of action. An Opposition thereto was
filed by petitioner.In an Order dated September 12, 1970,
respondent Judge dismissed the Complaint against truck-owner Timbol
for reasons stated in the afore- mentioned Motion to Dismiss On
September 30, 1970, petitioner sought before this Court the review
of that dismissal, to which petition we gave due course.On January
30, 1971, upon motion of jeep-owner-driver Salazar, respondent
Judge also dismissed the case as against the former. Respondent
Judge reasoned out that "while it is true that an independent civil
action for liability under Article 2177 of the Civil Code could be
prosecuted independently of the criminal action for the offense
from which it arose, the New Rules of Court, which took effect on
January 1, 1964, requires an express reservation of the civil
action to be made in the criminal action; otherwise, the same would
be barred pursuant to Section 2, Rule 111 ... 2 Petitioner's Motion
for Reconsideration thereof was denied in the order dated February
23, 1971, with respondent Judge suggesting that the issue be raised
to a higher Court "for a more decisive interpretation of the rule.
3
On March 25, 1971, petitioner then filed a Supplemental Petition
before us, also to review the last two mentioned Orders, to which
we required jeep-owner-driver Salazar to file an Answer.The
Complaint againsttruck-owner TimbolWe shall first discuss the
validity of the Order, dated September 12, 1970, dismissing
petitioner's Complaint against truck-owner Timbol.In dismissing the
Complaint against the truck-owner, respondent Judge sustained
Timbol's allegations that the civil suit is barred by the prior
joint judgment in Criminal Cases Nos. SM-227 and SM-228, wherein no
reservation to file a separate civil case was made by petitioner
and where the latter actively participated in the trial and tried
to prove damages against jeep-driver-Salazar only; and that the
Complaint does not state a cause of action against truck-owner
Timbol inasmuch as petitioner prosecuted jeep-owner-driver Salazar
as the one solely responsible for the damage suffered by his
car.Well-settled is the rule that for a prior judgment to
constitute a bar to a subsequent case, the following requisites
must concur: (1) it must be a final judgment; (2) it must have been
rendered by a Court having jurisdiction over the subject matter and
over the parties; (3) it must be a judgment on the merits; and (4)
there must be, between the first and second actions, Identity of
parties, Identity of subject matter and Identity of cause of
action.It is conceded that the first three requisites of res
judicata are present. However, we agree with petitioner that there
is no Identity of cause of action between Criminal Case No. SM-227
and Civil Case No. 80803. Obvious is the fact that in said criminal
case truck-driver Montoya was not prosecuted for damage to
petitioner's car but for damage to the jeep. Neither was
truck-owner Timbol a party in said case. In fact as the trial Court
had put it "the owner of the Mercedes Benz cannot recover any
damages from the accused Freddie Montoya, he (Mendoza) being a
complainant only against Rodolfo Salazar in Criminal Case No.
SM-228. 4 And more importantly, in the criminal cases, the cause of
action was the enforcement of the civil liability arising from
criminal negligence under Article l of the Revised Penal Code,
whereas Civil Case No. 80803 is based on quasi-delict under Article
2180, in relation to Article 2176 of the Civil Code As held in
Barredo vs. Garcia, et al. 5
The foregoing authorities clearly demonstrate the separate in.
individuality of cuasi-delitos or culpa aquiliana under the Civil
Code. Specifically they show that there is a distinction between
civil liability arising from criminal negligence (governed by the
Penal Code) and responsibility for fault or negligence under
articles 1902 to 1910 of the Civil Code, and that the same
negligent act may produce either a civil liability arising from a
crime under the Penal Code, or a separate responsibility for fault
or negligence under articles 1902 to 1910 of the Civil Code. Still
more concretely, the authorities above cited render it inescapable
to conclude that the employer in this case the defendant-
petitioner is primarily and directly liable under article 1903 of
the Civil Code.That petitioner's cause of action against Timbol in
the civil case is based on quasi-delict is evident from the
recitals in the complaint to wit: that while petitioner was driving
his car along MacArthur Highway at Marilao, Bulacan, a jeep owned
and driven by Salazar suddenly swerved to his (petitioner's) lane
and collided with his car That the sudden swerving of Salazar's
jeep was caused either by the negligence and lack of skill of
Freddie Montoya, Timbol's employee, who was then driving a gravel
and sand truck iii the same direction as Salazar's jeep; and that
as a consequence of the collision, petitioner's car suffered
extensive damage amounting to P12,248.20 and that he likewise
incurred actual and moral damages, litigation expenses and
attorney's fees. Clearly, therefore, the two factors that a cause
of action must consist of, namely: (1) plaintiff's primary right,
i.e., that he is the owner of a Mercedes Benz, and (2) defendant's
delict or wrongful act or omission which violated plaintiff's
primary right, i.e., the negligence or lack of skill either of
jeep-owner Salazar or of Timbol's employee, Montoya, in driving the
truck, causing Salazar's jeep to swerve and collide with
petitioner's car, were alleged in the Complaint. 6Consequently,
petitioner's cause of action being based on quasi-delict,
respondent Judge committed reversible error when he dismissed the
civil suit against the truck-owner, as said case may proceed
independently of the criminal proceedings and regardless of the
result of the latter.Art. 31.When the civil action is based on an
obligation not arising from the act or omission complained of as a
felony, such civil action may proceed independently of the criminal
proceedings and regardless of the result of the latter.But it is
truck-owner Timbol's submission (as well as that of
jeep-owner-driver Salazar) that petitioner's failure to make a
reservation in the criminal action of his right to file an
independent civil action bars the institution of such separate
civil action, invoking section 2, Rule 111, Rules of Court, which
says:Section 2. Independent civil action. In the cases provided for
in Articles 31, 32, 33, 34 and 2177 of the Civil Code of the
Philippines, an independent civil action entirely separate and
distinct from the criminal action may be brought by the injured
party during the pendency of the criminal case, provided the right
is reserved as required in the preceding section. Such civil action
shau proceed independently of the criminal prosecution, and shall
require only a preponderance of evidence.Interpreting the above
provision, this Court, in Garcia vs. Florida 7 said:As we have
stated at the outset, the same negligent act causing damages may
produce a civil liability arising from crime or create an action
for quasi-delict or culpa extra-contractual. The former is a
violation of the criminal law, while the latter is a distinct and
independent negligence, having always had its own foundation and
individuality. Some legal writers are of the view that in
accordance with Article 31, the civil action based upon
quasi-delict may proceed independently of the criminal proceeding
for criminal negligence and regardless of the result of the latter.
Hence, 'the proviso in Section 2 of Rule 111 with reference to ...
Articles 32, 33 and 34 of the Civil Code is contrary to the letter
and spirit of the said articles, for these articles were drafted
... and are intended to constitute as exceptions to the general
rule stated in what is now Section 1 of Rule 111. The proviso,
which is procedural, may also be regarded as an unauthorized
amendment of substantive law, Articles 32, 33 and 34 of the Civil
Code, which do not provide for the reservation required in the
proviso ... .In his concurring opinion in the above case, Mr.
Justice Antonio Barredo further observed that inasmuch as Articles
2176 and 2177 of the Civil Code create a civil liability distinct
and different from the civil action arising from the offense of
negligence under the Revised Penal Code, no reservation, therefore,
need be made in the criminal case; that Section 2 of Rule 111 is
inoperative, "it being substantive in character and is not within
the power of the Supreme Court to promulgate; and even if it were
not substantive but adjective, it cannot stand because of its
inconsistency with Article 2177, an enactment of the legislature
superseding the Rules of 1940."We declare, therefore, that in so
far as truck-owner Timbol is concerned, Civil Case No. 80803 is not
barred by the fact that petitioner failed to reserve, in the
criminal action, his right to file an independent civil action
based on quasi-delict.The suit againstjeep-owner-driver SalazarThe
case as against jeep-owner-driver Salazar, who was acquitted in
Criminal Case No. SM-228, presents a different picture
altogether.At the outset it should be clarified that inasmuch as
civil liability co-exists with criminal responsibility in
negligence cases, the offended party has the option between an
action for enforcement of civil liability based on culpa criminal
under Article 100 of the Revised Penal Code, and an action for
recovery of damages based on culpa aquiliana under Article 2177 of
the Civil Code. The action for enforcement of civil liability based
on culpa criminal under section 1 of Rule 111 of the Rules of Court
is deemed simultaneously instituted with the criminal action,
unless expressly waived or reserved for separate application by the
offended party. 8The circumstances attendant to the criminal case
yields the conclusion that petitioner had opted to base his cause
of action against jeep-owner-driver Salazar on culpa criminal and
not on culpa aquiliana as evidenced by his active participation and
intervention in the prosecution of the criminal suit against said
Salazar. The latter's civil liability continued to be involved in
the criminal action until its termination. Such being the case,
there was no need for petitioner to have reserved his right to file
a separate civil action as his action for civil liability was
deemed impliedly instituted in Criminal Case No. SM-228.Neither
would an independent civil action he. Noteworthy is the basis of
the acquittal of jeep-owner-driver Salazar in the criminal case,
expounded by the trial Court in this wise:In view of what has been
proven and established during the trial, accused Freddie Montoya
would be held able for having bumped and hit the rear portion of
the jeep driven by the accused Rodolfo Salazar,Considering that the
collision between the jeep driven by Rodolfo Salazar and the car
owned and driven by Edgardo Mendoza was the result of the hitting
on the rear of the jeep by the truck driven by Freddie Montoya,
this Court behaves that accused Rodolfo Salazar cannot be held able
for the damages sustained by Edgardo Mendoza's car. 9Crystal clear
is the trial Court's pronouncement that under the facts of the
case, jeep-owner-driver Salazar cannot be held liable for the
damages sustained by petitioner's car. In other words, "the fact
from which the civil might arise did not exist. " Accordingly,
inasmuch as petitioner's cause of action as against
jeep-owner-driver Salazar is ex- delictu, founded on Article 100 of
the Revised Penal Code, the civil action must be held to have been
extinguished in consonance with Section 3(c), Rule 111 of the Rules
of Court 10 which provides:Sec. 3. Other civil actions arising from
offenses. In all cases not included in the preceding section the
following rules shall be observed:c)Extinction of the penal action
does not carry with it extinction of the civil, unless the
extinction proceeds from a declaration in a final judgment that the
fact from which the civil night arise did not exist. ...And even if
petitioner's cause of action as against jeep-owner-driver Salazar
were not ex-delictu, the end result would be the same, it being
clear from the judgment in the criminal case that Salazar's
acquittal was not based upon reasonable doubt, consequently, a
civil action for damages can no longer be instituted. This is
explicitly provided for in Article 29 of the Civil Code quoted here
under:Art. 29.When the accused in a criminal prosecution is
acquitted on the ground that his guilt has not been proved beyond
reasonable doubt, a civil action for damages for the same act or
omission may be instituted. Such action requires only a
preponderance of evidence ...If in a criminal case the judgment of
acquittal is based upon reasonable doubt, the court shall so
declare. In the absence of any declaration to that effect, it may
be inferred from the text of the decision whether or not the
acquittal is due to that ground.In so far as the suit against
jeep-owner-driver Salazar is concerned, therefore, we sustain
respondent Judge's Order dated January 30, 1971 dismissing the
complaint, albeit on different grounds.WHEREFORE, 1) the Order
dated September 12, 1970 dismissing Civil Case No. 80803 against
private respondent Felino Timbol is set aside, and respondent
Judge, or his successor, hereby ordered to proceed with the hearing
on the merits; 2) but the Orders dated January 30, 1971 and
February 23, 1971 dismissing the Complaint in Civil Case No. 80803
against respondent Rodolfo Salazar are hereby upheld.No costs.SO
ORDERED.Teehankee, (Chairman), Makasiar, Fernandez, Guerrero and De
Castro, JJ., concur.G.R. No. 84698 February 4, 1992
PHILIPPINE SCHOOL OF BUSINESS ADMINISTRATION, JUAN D. LIM,
BENJAMIN P. PAULINO, ANTONIO M. MAGTALAS, COL. PEDRO SACRO and LT.
M. SORIANO, petitioners, vs.COURT OF APPEALS, HON. REGINA
ORDOEZ-BENITEZ, in her capacity as Presiding Judge of Branch 47,
Regional Trial Court, Manila, SEGUNDA R. BAUTISTA and ARSENIA D.
BAUTISTA, respondents.Balgos and Perez for petitioners.Collantes,
Ramirez & Associates for private respondents.PADILLA, J.:A
stabbing incident on 30 August 1985 which caused the death of
Carlitos Bautista while on the second-floor premises of the
Philippine School of Business Administration (PSBA) prompted the
parents of the deceased to file suit in the Regional Trial Court of
Manila (Branch 47) presided over by Judge (now Court of Appeals
justice) Regina Ordoez-Benitez, for damages against the said PSBA
and its corporate officers. At the time of his death, Carlitos was
enrolled in the third year commerce course at the PSBA. It was
established that his assailants were not members of the school's
academic community but were elements from outside the
school.Specifically, the suit impleaded the PSBA and the following
school authorities: Juan D. Lim (President), Benjamin P. Paulino
(Vice-President), Antonio M. Magtalas (Treasurer/Cashier), Col.
Pedro Sacro (Chief of Security) and a Lt. M. Soriano (Assistant
Chief of Security). Substantially, the plaintiffs (now private
respondents) sought to adjudge them liable for the victim's
untimely demise due to their alleged negligence, recklessness and
lack of security precautions, means and methods before, during and
after the attack on the victim. During the proceedings a quo, Lt.
M. Soriano terminated his relationship with the other petitioners
by resigning from his position in the school.Defendants a quo (now
petitioners) sought to have the suit dismissed, alleging that since
they are presumably sued under Article 2180 of the Civil Code, the
complaint states no cause of action against them, as jurisprudence
on the subject is to the effect that academic institutions, such as
the PSBA, are beyond the ambit of the rule in the afore-stated
article.
The respondent trial court, however, overruled petitioners'
contention and thru an order dated 8 December 1987, denied their
motion to dismiss. A subsequent motion for reconsideration was
similarly dealt with by an order dated 25 January 1988. Petitioners
then assailed the trial court's disposition before the respondent
appellate court which, in a decision * promulgated on 10 June 1988,
affirmed the trial court's orders. On 22 August 1988, the
respondent appellate court resolved to deny the petitioners' motion
for reconsideration. Hence, this petition.At the outset, it is to
be observed that the respondent appellate court primarily anchored
its decision on the law of quasi-delicts, as enunciated in Articles
2176 and 2180 of the Civil Code. 1 Pertinent portions of the
appellate court's now assailed ruling state:Article 2180 (formerly
Article 1903) of the Civil Code is an adoption from the old Spanish
Civil Code. The comments of Manresa and learned authorities on its
meaning should give way to present day changes. The law is not
fixed and flexible (sic); it must be dynamic. In fact, the greatest
value and significance of law as a rule of conduct in (sic) its
flexibility to adopt to changing social conditions and its capacity
to meet the new challenges of progress.Construed in the light of
modern day educational system, Article 2180 cannot be construed in
its narrow concept as held in the old case of Exconde vs. Capuno 2
and Mercado vs. Court of Appeals; 3 hence, the ruling in the
Palisoc 4 case that it should apply to all kinds of educational
institutions, academic or vocational.At any rate, the law holds the
teachers and heads of the school staff liable unless they relieve
themselves of such liability pursuant to the last paragraph of
Article 2180 by "proving that they observed all the diligence to
prevent damage." This can only be done at a trial on the merits of
the case. 5While we agree with the respondent appellate court that
the motion to dismiss the complaint was correctly denied and the
complaint should be tried on the merits, we do not however agree
with the premises of the appellate court's ruling.
Article 2180, in conjunction with Article 2176 of the Civil
Code, establishes the rule of in loco parentis. This Court
discussed this doctrine in the afore-cited cases of Exconde,
Mendoza, Palisoc and, more recently, in Amadora vs. Court of
Appeals. 6 In all such cases, it had been stressed that the law
(Article 2180) plainly provides that the damage should have been
caused or inflicted by pupils or students of he educational
institution sought to be held liable for the acts of its pupils or
students while in its custody. However, this material situation
does not exist in the present case for, as earlier indicated, the
assailants of Carlitos were not students of the PSBA, for whose
acts the school could be made liable.However, does the appellate
court's failure to consider such material facts mean the
exculpation of the petitioners from liability? It does not
necessarily follow.When an academic institution accepts students
for enrollment, there is established a contract between them,
resulting in bilateral obligations which both parties are bound to
comply with. 7 For its part, the school undertakes to provide the
student with an education that would presumably suffice to equip
him with the necessary tools and skills to pursue higher education
or a profession. On the other hand, the student covenants to abide
by the school's academic requirements and observe its rules and
regulations.Institutions of learning must also meet the implicit or
"built-in" obligation of providing their students with an
atmosphere that promotes or assists in attaining its primary
undertaking of imparting knowledge. Certainly, no student can
absorb the intricacies of physics or higher mathematics or explore
the realm of the arts and other sciences when bullets are flying or
grenades exploding in the air or where there looms around the
school premises a constant threat to life and limb. Necessarily,
the school must ensure that adequate steps are taken to maintain
peace and order within the campus premises and to prevent the
breakdown thereof.Because the circumstances of the present case
evince a contractual relation between the PSBA and Carlitos
Bautista, the rules on quasi-delict do not really govern. 8 A
perusal of Article 2176 shows that obligations arising from
quasi-delicts or tort, also known as extra-contractual obligations,
arise only between parties not otherwise bound by contract, whether
express or implied. However, this impression has not prevented this
Court from determining the existence of a tort even when there
obtains a contract. In Air France vs. Carrascoso (124 Phil. 722),
the private respondent was awarded damages for his unwarranted
expulsion from a first-class seat aboard the petitioner airline. It
is noted, however, that the Court referred to the
petitioner-airline's liability as one arising from tort, not one
arising from a contract of carriage. In effect, Air France is
authority for the view that liability from tort may exist even if
there is a contract, for the act that breaks the contract may be
also a tort. (Austro-America S.S. Co. vs. Thomas, 248 Fed.
231).This view was not all that revolutionary, for even as early as
1918, this Court was already of a similar mind. In Cangco vs.
Manila Railroad (38 Phil. 780), Mr. Justice Fisher elucidated
thus:The field of non-contractual obligation is much broader than
that of contractual obligation, comprising, as it does, the whole
extent of juridical human relations. These two fields, figuratively
speaking, concentric; that is to say, the mere fact that a person
is bound to another by contract does not relieve him from
extra-contractual liability to such person. When such a contractual
relation exists the obligor may break the contract under such
conditions that the same act which constitutes a breach of the
contract would have constituted the source of an extra-contractual
obligation had no contract existed between the parties.
Immediately what comes to mind is the chapter of the Civil Code
on Human Relations, particularly Article 21, which provides:Any
person who wilfully causes loss or injury to another in a manner
that is contrary to morals, good custom or public policy shall
compensate the latter for the damage. (emphasis supplied).Air
France penalized the racist policy of the airline which emboldened
the petitioner's employee to forcibly oust the private respondent
to cater to the comfort of a white man who allegedly "had a better
right to the seat." In Austro-American, supra, the public
embarrassment caused to the passenger was the justification for the
Circuit Court of Appeals, (Second Circuit), to award damages to the
latter. From the foregoing, it can be concluded that should the act
which breaches a contract be done in bad faith and be violative of
Article 21, then there is a cause to view the act as constituting a
quasi-delict.In the circumstances obtaining in the case at bar,
however, there is, as yet, no finding that the contract between the
school and Bautista had been breached thru the former's negligence
in providing proper security measures. This would be for the trial
court to determine. And, even if there be a finding of negligence,
the same could give rise generally to a breach of contractual
obligation only. Using the test of Cangco, supra, the negligence of
the school would not be relevant absent a contract. In fact, that
negligence becomes material only because of the contractual
relation between PSBA and Bautista. In other words, a contractual
relation is a condition sine qua non to the school's liability. The
negligence of the school cannot exist independently of the
contract, unless the negligence occurs under the circumstances set
out in Article 21 of the Civil Code.This Court is not unmindful of
the attendant difficulties posed by the obligation of schools,
above-mentioned, for conceptually a school, like a common carrier,
cannot be an insurer of its students against all risks. This is
specially true in the populous student communities of the so-called
"university belt" in Manila where there have been reported several
incidents ranging from gang wars to other forms of hooliganism. It
would not be equitable to expect of schools to anticipate all types
of violent trespass upon their premises, for notwithstanding the
security measures installed, the same may still fail against an
individual or group determined to carry out a nefarious deed inside
school premises and environs. Should this be the case, the school
may still avoid liability by proving that the breach of its
contractual obligation to the students was not due to its
negligence, here statutorily defined to be the omission of that
degree of diligence which is required by the nature of the
obligation and corresponding to the circumstances of persons, time
and place. 9As the proceedings a quo have yet to commence on the
substance of the private respondents' complaint, the record is
bereft of all the material facts. Obviously, at this stage, only
the trial court can make such a determination from the evidence
still to unfold.WHEREFORE, the foregoing premises considered, the
petition is DENIED. The court of origin (RTC, Manila, Br. 47) is
hereby ordered to continue proceedings consistent with this ruling
of the Court. Costs against the petitioners.SO
ORDERED.Melencio-Herrera, Paras, Regalado and Nocon, JJ.,
concur.AMADORA VS CACRUZ, J.:Like any prospective graduate, Alfredo
Amadora was looking forward to the commencement exercises where he
would ascend the stage and in the presence of his relatives and
friends receive his high school diploma. These ceremonies were
scheduled on April 16, 1972. As it turned out, though, fate would
intervene and deny him that awaited experience. On April 13, 1972,
while they were in the auditorium of their school, the Colegio de
San Jose-Recoletos, a classmate, Pablito Damon, fired a gun that
mortally hit Alfredo, ending all his expectations and his life as
well. The victim was only seventeen years old. 1Daffon was
convicted of homicide thru reckless imprudence . 2 Additionally,
the herein petitioners, as the victim's parents, filed a civil
action for damages under Article 2180 of the Civil Code against the
Colegio de San Jose-Recoletos, its rector the high school
principal, the dean of boys, and the physics teacher, together with
Daffon and two other students, through their respective parents.
The complaint against the students was later dropped. After trial,
the Court of First Instance of Cebu held the remaining defendants
liable to the plaintiffs in the sum of P294,984.00, representing
death compensation, loss of earning capacity, costs of litigation,
funeral expenses, moral damages, exemplary damages, and attorney's
fees . 3 On appeal to the respondent court, however, the decision
was reversed and all the defendants were completely absolved .
4
In its decision, which is now the subject of this petition for
certiorari under Rule 45 of the Rules of Court, the respondent
court found that Article 2180 was not applicable as the Colegio de
San Jose-Recoletos was not a school of arts and trades but an
academic institution of learning. It also held that the students
were not in the custody of the school at the time of the incident
as the semester had already ended, that there was no clear
identification of the fatal gun and that in any event the
defendant, had exercised the necessary diligence in preventing the
injury. 5The basic undisputed facts are that Alfredo Amadora went
to the San Jose-Recoletos on April 13, 1972, and while in its
auditorium was shot to death by Pablito Daffon, a classmate. On the
implications and consequences of these facts, the parties sharply
disagree.The petitioners contend that their son was in the school
to show his physics experiment as a prerequisite to his graduation;
hence, he was then under the custody of the private respondents.
The private respondents submit that Alfredo Amadora had gone to the
school only for the purpose of submitting his physics report and
that he was no longer in their custody because the semester had
already ended.There is also the question of the identity of the gun
used which the petitioners consider important because of an earlier
incident which they claim underscores the negligence of the school
and at least one of the private respondents. It is not denied by
the respondents that on April 7, 1972, Sergio Damaso, Jr., the dean
of boys, confiscated from Jose Gumban an unlicensed pistol but
later returned it to him without making a report to the principal
or taking any further action . 6 As Gumban was one of the
companions of Daffon when the latter fired the gun that killed
Alfredo, the petitioners contend that this was the same pistol that
had been confiscated from Gumban and that their son would not have
been killed if it had not been returned by Damaso. The respondents
say, however, that there is no proof that the gun was the same
firearm that killed Alfredo.Resolution of all these disagreements
will depend on the interpretation of Article 2180 which, as it
happens, is invoked by both parties in support of their conflicting
positions. The pertinent part of this article reads as
follows:Lastly, teachers or heads of establishments of arts and
trades shall be liable for damages caused by their pupils and
students or apprentices so long as they remain in their
custody.
Three cases have so far been decided by the Court in connection
with the above-quoted provision, to wit: Exconde v. Capuno 7
Mercado v. Court of Appeals, 8 and Palisoc v. Brillantes. 9 These
will be briefly reviewed in this opinion for a better resolution of
the case at bar.In the Exconde Case, Dante Capuno, a student of the
Balintawak Elementary School and a Boy Scout, attended a Rizal Day
parade on instructions of the city school supervisor. After the
parade, the boy boarded a jeep, took over its wheel and drove it so
recklessly that it turned turtle, resulting in the death of two of
its passengers. Dante was found guilty of double homicide with
reckless imprudence. In the separate civil action flied against
them, his father was held solidarily liable with him in damages
under Article 1903 (now Article 2180) of the Civil Code for the
tort committed by the 15-year old boy.This decision, which was
penned by Justice Bautista Angelo on June 29,1957, exculpated the
school in an obiter dictum (as it was not a party to the case) on
the ground that it was riot a school of arts and trades. Justice
J.B.L. Reyes, with whom Justices Sabino Padilla and Alex Reyes
concurred, dissented, arguing that it was the school authorities
who should be held liable Liability under this rule, he said, was
imposed on (1) teachers in general; and (2) heads of schools of
arts and trades in particular. The modifying clause "of
establishments of arts and trades" should apply only to "heads" and
not "teachers."Exconde was reiterated in the Mercado Case, and with
an elaboration. A student cut a classmate with a razor blade during
recess time at the Lourdes Catholic School in Quezon City, and the
parents of the victim sued the culprits parents for damages.
Through Justice Labrador, the Court declared in another obiter (as
the school itself had also not been sued that the school was not
liable because it was not an establishment of arts and trades.
Moreover, the custody requirement had not been proved as this
"contemplates a situation where the student lives and boards with
the teacher, such that the control, direction and influences on the
pupil supersede those of the parents." Justice J.B.L. Reyes did not
take part but the other members of the court concurred in this
decision promulgated on May 30, 1960.In Palisoc vs. Brillantes,
decided on October 4, 1971, a 16-year old student was killed by a
classmate with fist blows in the laboratory of the Manila Technical
Institute. Although the wrongdoer who was already of age was not
boarding in the school, the head thereof and the teacher in charge
were held solidarily liable with him. The Court declared through
Justice Teehankee:The phrase used in the cited article "so long as
(the students) remain in their custody" means the protective and
supervisory custody that the school and its heads and teachers
exercise over the pupils and students for as long as they are at
attendance in the school, including recess time. There is nothing
in the law that requires that for such liability to attach, the
pupil or student who commits the tortious act must live and board
in the school, as erroneously held by the lower court, and the
dicta in Mercado (as well as in Exconde) on which it relied, must
now be deemed to have been set aside by the present decision.This
decision was concurred in by five other members, 10 including
Justice J.B.L. Reyes, who stressed, in answer to the dissenting
opinion, that even students already of age were covered by the
provision since they were equally in the custody of the school and
subject to its discipline. Dissenting with three others, 11 Justice
Makalintal was for retaining the custody interpretation in Mercado
and submitted that the rule should apply only to torts committed by
students not yet of age as the school would be acting only in loco
parentis.
In a footnote, Justice Teehankee said he agreed with Justice
Reyes' dissent in the Exconde Case but added that "since the school
involved at bar is a non-academic school, the question as to the
applicability of the cited codal provision to academic institutions
will have to await another case wherein it may properly be
raised."This is the case.Unlike in Exconde and Mercado, the Colegio
de San Jose-Recoletos has been directly impleaded and is sought to
be held liable under Article 2180; and unlike in Palisoc, it is not
a school of arts and trades but an academic institution of
learning. The parties herein have also directly raised the question
of whether or not Article 2180 covers even establishments which are
technically not schools of arts and trades, and, if so, when the
offending student is supposed to be "in its custody."After an
exhaustive examination of the problem, the Court has come to the
conclusion that the provision in question should apply to all
schools, academic as well as non-academic. Where the school is
academic rather than technical or vocational in nature,
responsibility for the tort committed by the student will attach to
the teacher in charge of such student, following the first part of
the provision. This is the general rule. In the case of
establishments of arts and trades, it is the head thereof, and only
he, who shall be held liable as an exception to the general rule.
In other words, teachers in general shall be liable for the acts of
their students except where the school is technical in nature, in
which case it is the head thereof who shall be answerable.
Following the canon of reddendo singula singulis "teachers" should
apply to the words "pupils and students" and "heads of
establishments of arts and trades" to the word "apprentices."The
Court thus conforms to the dissenting opinion expressed by Justice
J.B.L. Reyes in Exconde where he said in part:I can see no sound
reason for limiting Art. 1903 of the Old Civil Code to teachers of
arts and trades and not to academic ones. What substantial
difference is there between them insofar as concerns the proper
supervision and vice over their pupils? It cannot be seriously
contended that an academic teacher is exempt from the duty of
watching that his pupils do not commit a tort to the detriment of
third Persons, so long as they are in a position to exercise
authority and Supervision over the pupil. In my opinion, in the
phrase "teachers or heads of establishments of arts and trades"
used in Art. 1903 of the old Civil Code, the words "arts and
trades" does not qualify "teachers" but only "heads of
establishments." The phrase is only an updated version of the
equivalent terms "preceptores y artesanos" used in the Italian and
French Civil Codes.If, as conceded by all commentators, the basis
of the presumption of negligence of Art. 1903 in some culpa in
vigilando that the parents, teachers, etc. are supposed to have
incurred in the exercise of their authority, it would seem clear
that where the parent places the child under the effective
authority of the teacher, the latter, and not the parent, should be
the one answerable for the torts committed while under his custody,
for the very reason/that the parent is not supposed to interfere
with the discipline of the school nor with the authority and
supervision of the teacher while the child is under instruction.
And if there is no authority, there can be no responsibility.There
is really no substantial distinction between the academic and the
non-academic schools insofar as torts committed by their students
are concerned. The same vigilance is expected from the teacher over
the students under his control and supervision, whatever the nature
of the school where he is teaching. The suggestion in the Exconde
and Mercado Cases is that the provision would make the teacher or
even the head of the school of arts and trades liable for an injury
caused by any student in its custody but if that same tort were
committed in an academic school, no liability would attach to the
teacher or the school head. All other circumstances being the same,
the teacher or the head of the academic school would be absolved
whereas the teacher and the head of the non-academic school would
be held liable, and simply because the latter is a school of arts
and trades.The Court cannot see why different degrees of vigilance
should be exercised by the school authorities on the basis only of
the nature of their respective schools. There does not seem to be
any plausible reason for relaxing that vigilance simply because the
school is academic in nature and for increasing such vigilance
where the school is non-academic. Notably, the injury subject of
liability is caused by the student and not by the school itself nor
is it a result of the operations of the school or its equipment.
The injury contemplated may be caused by any student regardless of
the school where he is registered. The teacher certainly should not
be able to excuse himself by simply showing that he is teaching in
an academic school where, on the other hand, the head would be held
liable if the school were non-academic.These questions, though, may
be asked: If the teacher of the academic school is to be held
answerable for the torts committed by his students, why is it the
head of the school only who is held liable where the injury is
caused in a school of arts and trades? And in the case of the
academic or non- technical school, why not apply the rule also to
the head thereof instead of imposing the liability only on the
teacher?The reason for the disparity can be traced to the fact that
historically the head of the school of arts and trades exercised a
closer tutelage over his pupils than the head of the academic
school. The old schools of arts and trades were engaged in the
training of artisans apprenticed to their master who personally and
directly instructed them on the technique and secrets of their
craft. The head of the school of arts and trades was such a master
and so was personally involved in the task of teaching his
students, who usually even boarded with him and so came under his
constant control, supervision and influence. By contrast, the head
of the academic school was not as involved with his students and
exercised only administrative duties over the teachers who were the
persons directly dealing with the students. The head of the
academic school had then (as now) only a vicarious relationship
with the students. Consequently, while he could not be directly
faulted for the acts of the students, the head of the school of
arts and trades, because of his closer ties with them, could be so
blamed.
It is conceded that the distinction no longer obtains at present
in view of the expansion of the schools of arts and trades, the
consequent increase in their enrollment, and the corresponding
diminution of the direct and personal contract of their heads with
the students. Article 2180, however, remains unchanged. In its
present state, the provision must be interpreted by the Court
according to its clear and original mandate until the legislature,
taking into account the charges in the situation subject to be
regulated, sees fit to enact the necessary amendment.The other
matter to be resolved is the duration of the responsibility of the
teacher or the head of the school of arts and trades over the
students. Is such responsibility co-extensive with the period when
the student is actually undergoing studies during the school term,
as contended by the respondents and impliedly admitted by the
petitioners themselves?From a reading of the provision under
examination, it is clear that while the custody requirement, to
repeat Palisoc v. Brillantes, does not mean that the student must
be boarding with the school authorities, it does signify that the
student should be within the control and under the influence of the
school authorities at the time of the occurrence of the injury.
This does not necessarily mean that such, custody be co-terminous
with the semester, beginning with the start of classes and ending
upon the close thereof, and excluding the time before or after such
period, such as the period of registration, and in the case of
graduating students, the period before the commencement exercises.
In the view of the Court, the student is in the custody of the
school authorities as long as he is under the control and influence
of the school and within its premises, whether the semester has not
yet begun or has already ended.It is too tenuous to argue that the
student comes under the discipline of the school only upon the
start of classes notwithstanding that before that day he has
already registered and thus placed himself under its rules. Neither
should such discipline be deemed ended upon the last day of classes
notwithstanding that there may still be certain requisites to be
satisfied for completion of the course, such as submission of
reports, term papers, clearances and the like. During such periods,
the student is still subject to the disciplinary authority of the
school and cannot consider himself released altogether from
observance of its rules.As long as it can be shown that the student
is in the school premises in pursuance of a legitimate student
objective, in the exercise of a legitimate student right, and even
in the enjoyment of a legitimate student right, and even in the
enjoyment of a legitimate student privilege, the responsibility of
the school authorities over the student continues. Indeed, even if
the student should be doing nothing more than relaxing in the
campus in the company of his classmates and friends and enjoying
the ambience and atmosphere of the school, he is still within the
custody and subject to the discipline of the school authorities
under the provisions of Article 2180.During all these occasions, it
is obviously the teacher-in-charge who must answer for his
students' torts, in practically the same way that the parents are
responsible for the child when he is in their custody. The
teacher-in-charge is the one designated by the dean, principal, or
other administrative superior to exercise supervision over the
pupils in the specific classes or sections to which they are
assigned. It is not necessary that at the time of the injury, the
teacher be physically present and in a position to prevent it.
Custody does not connote immediate and actual physical control but
refers more to the influence exerted on the child and the
discipline instilled in him as a result of such influence. Thus,
for the injuries caused by the student, the teacher and not the
parent shag be held responsible if the tort was committed within
the premises of the school at any time when its authority could be
validly exercised over him.In any event, it should be noted that
the liability imposed by this article is supposed to fall directly
on the teacher or the head of the school of arts and trades and not
on the school itself. If at all, the school, whatever its nature,
may be held to answer for the acts of its teachers or even of the
head thereof under the general principle of respondeat superior,
but then it may exculpate itself from liability by proof that it
had exercised the diligence of a bonus paterfamilias.
Such defense is, of course, also available to the teacher or the
head of the school of arts and trades directly held to answer for
the tort committed by the student. As long as the defendant can
show that he had taken the necessary precautions to prevent the
injury complained of, he can exonerate himself from the liability
imposed by Article 2180, which also states that:The responsibility
treated of in this article shall cease when the Persons herein
mentioned prove that they observed all the diligence of a good
father of a family to prevent damages.In this connection, it should
be observed that the teacher will be held liable not only when he
is acting in loco parentis for the law does not require that the
offending student be of minority age. Unlike the parent, who wig be
liable only if his child is still a minor, the teacher is held
answerable by the law for the act of the student under him
regardless of the student's age. Thus, in the Palisoc Case,
liability attached to the teacher and the head of the technical
school although the wrongdoer was already of age. In this sense,
Article 2180 treats the parent more favorably than the teacher.The
Court is not unmindful of the apprehensions expressed by Justice
Makalintal in his dissenting opinion in Palisoc that the school may
be unduly exposed to liability under this article in view of the
increasing activism among the students that is likely to cause
violence and resulting injuries in the school premises. That is a
valid fear, to be sure. Nevertheless, it should be repeated that,
under the present ruling, it is not the school that will be held
directly liable. Moreover, the defense of due diligence is
available to it in case it is sought to be held answerable as
principal for the acts or omission of its head or the teacher in
its employ.The school can show that it exercised proper measures in
selecting the head or its teachers and the appropriate supervision
over them in the custody and instruction of the pupils pursuant to
its rules and regulations for the maintenance of discipline among
them. In almost all cases now, in fact, these measures are effected
through the assistance of an adequate security force to help the
teacher physically enforce those rules upon the students. Ms should
bolster the claim of the school that it has taken adequate steps to
prevent any injury that may be committed by its students.
A fortiori, the teacher himself may invoke this defense as it
would otherwise be unfair to hold him directly answerable for the
damage caused by his students as long as they are in the school
premises and presumably under his influence. In this respect, the
Court is disposed not to expect from the teacher the same measure
of responsibility imposed on the parent for their influence over
the child is not equal in degree. Obviously, the parent can expect
more obedience from the child because the latter's dependence on
him is greater than on the teacher. It need not be stressed that
such dependence includes the child's support and sustenance whereas
submission to the teacher's influence, besides being coterminous
with the period of custody is usually enforced only because of the
students' desire to pass the course. The parent can instill more
las discipline on the child than the teacher and so should be held
to a greater accountability than the teacher for the tort committed
by the child.And if it is also considered that under the article in
question, the teacher or the head of the school of arts and trades
is responsible for the damage caused by the student or apprentice
even if he is already of age and therefore less tractable than the
minor then there should all the more be justification to require
from the school authorities less accountability as long as they can
prove reasonable diligence in preventing the injury. After all, if
the parent himself is no longer liable for the student's acts
because he has reached majority age and so is no longer under the
former's control, there is then all the more reason for leniency in
assessing the teacher's responsibility for the acts of the
student.Applying the foregoing considerations, the Court has
arrived at the following conclusions:1.At the time Alfredo Amadora
was fatally shot, he was still in the custody of the authorities of
Colegio de San Jose-Recoletos notwithstanding that the fourth year
classes had formally ended. It was immaterial if he was in the
school auditorium to finish his physics experiment or merely to
submit his physics report for what is important is that he was
there for a legitimate purpose. As previously observed, even the
mere savoring of the company of his friends in the premises of the
school is a legitimate purpose that would have also brought him in
the custody of the school authorities.2.The rector, the high school
principal and the dean of boys cannot be held liable because none
of them was the teacher-in-charge as previously defined. Each of
them was exercising only a general authority over the student body
and not the direct control and influence exerted by the teacher
placed in charge of particular classes or sections and thus
immediately involved in its discipline. The evidence of the parties
does not disclose who the teacher-in-charge of the offending
student was. The mere fact that Alfredo Amadora had gone to school
that day in connection with his physics report did not necessarily
make the physics teacher, respondent Celestino Dicon, the
teacher-in-charge of Alfredo's killer.3.At any rate, assuming that
he was the teacher-in-charge, there is no showing that Dicon was
negligent in enforcing discipline upon Daffon or that he had waived
observance of the rules and regulations of the school or condoned
their non-observance. His absence when the tragedy happened cannot
be considered against him because he was not supposed or required
to report to school on that day. And while it is true that the
offending student was still in the custody of the teacher-in-charge
even if the latter was physically absent when the tort was
committed, it has not been established that it was caused by his
laxness in enforcing discipline upon the student. On the contrary,
the private respondents have proved that they had exercised due
diligence, through the enforcement of the school regulations, in
maintaining that discipline.4.In the absence of a
teacher-in-charge, it is probably the dean of boys who should be
held liable especially in view of the unrefuted evidence that he
had earlier confiscated an unlicensed gun from one of the students
and returned the same later to him without taking disciplinary
action or reporting the matter to higher authorities. While this
was clearly negligence on his part, for which he deserves sanctions
from the school, it does not necessarily link him to the shooting
of Amador as it has not been shown that he confiscated and returned
pistol was the gun that killed the petitioners' son.5.Finally, as
previously observed, the Colegio de San Jose-Recoletos cannot be
held directly liable under the article because only the teacher or
the head of the school of arts and trades is made responsible for
the damage caused by the student or apprentice. Neither can it be
held to answer for the tort committed by any of the other private
respondents for none of them has been found to have been charged
with the custody of the offending student or has been remiss in the
discharge of his duties in connection with such custody.In sum, the
Court finds under the facts as disclosed by the record and in the
light of the principles herein announced that none of the
respondents is liable for the injury inflicted by Pablito Damon on
Alfredo Amadora that resulted in the latter's death at the
auditorium of the Colegio de San Jose-Recoletos on April 13, 1972.
While we deeply sympathize with the petitioners over the loss of
their son under the tragic circumstances here related, we
nevertheless are unable to extend them the material relief they
seek, as a balm to their grief, under the law they have
invoked.WHEREFORE, the petition is DENIED, without any
pronouncement as to costs. It is so ordered.Yap, Narvasa, Paras,
Feliciano, Gancayco, Bidin, Sarmiento, Cortes and Grio-Aquino, JJ.,
concur.Fernan, Padilla and Teehankee, C.J., JJ, took no part.G.R.
No. L-21438 September 28, 1966AIR FRANCE, petitioner, vs.RAFAEL
CARRASCOSO and the HONORABLE COURT OF APPEALS,
respondents.Lichauco, Picazo and Agcaoili for petitioner.Bengzon
Villegas and Zarraga for respondent R. Carrascoso.SANCHEZ, J.:The
Court of First Instance of Manila 1 sentenced petitioner to pay
respondent Rafael Carrascoso P25,000.00 by way of moral damages;
P10,000.00 as exemplary damages; P393.20 representing the
difference in fare between first class and tourist class for the
portion of the trip Bangkok-Rome, these various amounts with
interest at the legal rate, from the date of the filing of the
complaint until paid; plus P3,000.00 for attorneys' fees; and the
costs of suit.On appeal,2 the Court of Appeals slightly reduced the
amount of refund on Carrascoso's plane ticket from P393.20 to
P383.10, and voted to affirm the appealed decision "in all other
respects", with costs against petitioner.The case is now before us
for review on certiorari.The facts declared by the Court of Appeals
as " fully supported by the evidence of record", are:Plaintiff, a
civil engineer, was a member of a group of 48 Filipino pilgrims
that left Manila for Lourdes on March 30, 1958.On March 28, 1958,
the defendant, Air France, through its authorized agent, Philippine
Air Lines, Inc., issued to plaintiff a "first class" round trip
airplane ticket from Manila to Rome. From Manila to Bangkok,
plaintiff travelled in "first class", but at Bangkok, the Manager
of the defendant airline forced plaintiff to vacate the "first
class" seat that he was occupying because, in the words of the
witness Ernesto G. Cuento, there was a "white man", who, the
Manager alleged, had a "better right" to the seat. When asked to
vacate his "first class" seat, the plaintiff, as was to be
expected, refused, and told defendant's Manager that his seat would
be taken over his dead body; a commotion ensued, and, according to
said Ernesto G. Cuento, "many of the Filipino passengers got
nervous in the tourist class; when they found out that Mr.
Carrascoso was having a hot discussion with the white man
[manager], they came all across to Mr. Carrascoso and pacified Mr.
Carrascoso to give his seat to the white man" (Transcript, p. 12,
Hearing of May 26, 1959); and plaintiff reluctantly gave his "first
class" seat in the plane.31. The trust of the relief petitioner now
seeks is that we review "all the findings" 4 of respondent Court of
Appeals. Petitioner charges that respondent court failed to make
complete findings of fact on all the issues properly laid before
it. We are asked to consider facts favorable to petitioner, and
then, to overturn the appellate court's decision.Coming into focus
is the constitutional mandate that "No decision shall be rendered
by any court of record without expressing therein clearly and
distinctly the facts and the law on which it is based". 5 This is
echoed in the statutory demand that a judgment determining the
merits of the case shall state "clearly and distinctly the facts
and the law on which it is based"; 6 and that "Every decision of
the Court of Appeals shall contain complete findings of fact on all
issues properly raised before it". 7A decision with absolutely
nothing to support it is a nullity. It is open to direct attack. 8
The law, however, solely insists that a decision state the
"essential ultimate facts" upon which the court's conclusion is
drawn. 9 A court of justice is not hidebound to write in its
decision every bit and piece of evidence 10 presented by one party
and the other upon the issues raised. Neither is it to be burdened
with the obligation "to specify in the sentence the facts" which a
party "considered as proved". 11 This is but a part of the mental
process from which the Court draws the essential ultimate facts. A
decision is not to be so clogged with details such that prolixity,
if not confusion, may result. So long as the decision of the Court
of Appeals contains the necessary facts to warrant its conclusions,
it is no error for said court to withhold therefrom "any specific
finding of facts with respect to the evidence for the defense".
Because as this Court well observed, "There is no law that so
requires". 12