G.R. No. 45699 ; February 24, 1938
SILVESTRA CUEVO, petitioner, vs. FAUSTO BARREDO, respondent.

FACTS

Anastacio Lozano, an employee of respondent Fausto Barredo, was working on a bridge construction project on the Pasig River during a typhoon. A log to be used as a pile was carried away by the swift current. The foreman, Yoshio Tagashira, shouted an order to recover the log, threatening that the workers would have to pay for its value if lost. Lozano, a good swimmer, leaped into the river to recover the log but drowned.

ISSUE

Whether the employer, Fausto Barredo, is civilly liable under Act No. 1874 for the death of employee Anastacio Lozano due to the negligence of his superintendent (foreman).

RULING

Yes. The employer is liable. The foreman’s order, given under dangerous weather and river conditions and coupled with a threat, constituted serious negligence. This negligence is imputed to the employer under Article 1727 of the Civil Code, as the foreman was acting within the scope of his superintendence. Furthermore, the deceased employee was not guilty of contributory negligence. He acted under the psychological impulse of obeying a superior’s immediate order and was confident in his swimming ability. His death was a foreseeable consequence of the foreman’s negligent command. The Court reversed the judgments of the lower courts and held the respondent employer liable for damages.

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