GR L 47690; (April, 1941) (Digest)
G.R. No. 47690 ; April 28, 1941
IRINEO YUMUL, plaintiff-appellant, vs. ANTONIO JULIANO and PAMPANGA BUS CO. (Pambusco), defendants-appellees.
FACTS
Irineo Yumul filed a civil action to recover damages for the death of his daughter, Teresita Yumul, who was struck by a truck owned by the Pampanga Bus Co. (Pambusco) and driven by its employee, Antonio Juliano, on April 10, 1936, in San Fernando, Pampanga. Antonio Juliano had previously been convicted of homicide through reckless imprudence in a criminal case, but no civil indemnity was awarded as the private prosecution reserved the right to file a separate civil action. In the present civil case, the Court of First Instance of Pampanga sentenced Juliano to pay P2,000 in damages but absolved Pambusco from liability. The court applied Article 1903 of the Civil Code, finding that Pambusco had exercised the diligence of a good father of a family to prevent damage. The case was elevated to the Supreme Court on a pure question of law.
ISSUE
Whether the civil liability of an employer (Pampanga Bus Co.) for damages arising from a crime (homicide through reckless imprudence) committed by its employee should be governed by the Penal Code or by Article 1903 of the Civil Code.
RULING
The Supreme Court ruled that the civil liability is governed by the Penal Code. Article 1092 of the Civil Code expressly provides that civil obligations arising from crimes shall be governed by the provisions of the Penal Code. Consequently, Articles 102 and 103 of the Revised Penal Code, which establish the subsidiary civil liability of employers for felonies committed by their employees in the discharge of their duties, apply. The Court clarified that Article 1903 of the Civil Code applies only to a fault or negligence not punishable by law, as it is subordinated to Article 1093 of the Civil Code. Since Antonio Juliano was convicted of a penal offense, Pambusco, as his employer, is subsidiarily liable under the Penal Code. The defense of having exercised the diligence of a good father of a family is not applicable. The judgment of the lower court was modified, adjudging Pampanga Bus Co. subsidiarily liable for the P2,000 damages in the event of the insolvency of Antonio Juliano.