GR 163609; (November, 2008) (Digest)
G.R. No. 163609 November 27, 2008
SPS. BUENAVENTURA JAYME AND ROSARIO JAYME, petitioners, vs. RODRIGO APOSTOL, FIDEL LOZANO, ERNESTO SIMBULAN, MAYOR FERNANDO Q. MIGUEL, MUNICIPALITY OF KORONADAL (NOW CITY OF KORONADAL), PROVINCE OF SOUTH COTABATO, represented by the MUNICIPAL TREASURER and/or MUNICIPAL MAYOR FERNANDO Q. MIGUEL, and THE FIRST INTEGRATED BONDING AND INSURANCE COMPANY, INC., respondents.
FACTS
On February 5, 1989, Mayor Fernando Q. Miguel of Koronadal, South Cotabato, was a passenger in an Isuzu pick-up truck driven by Fidel Lozano, an employee of the Municipality of Koronadal. The vehicle, registered to Rodrigo Apostol but in the possession of Ernesto Simbulan, was borrowed to bring Mayor Miguel to an airport. While driving at high speed, the truck hit minor pedestrian Marvin C. Jayme, who died from his injuries six days later. The victim’s parents, spouses Buenaventura and Rosario Jayme, filed a complaint for damages against the driver, the mayor, the municipality, the vehicle owner, the possessor, and the insurer. The Regional Trial Court (RTC) held Lozano, Apostol, and Mayor Miguel jointly and severally liable for damages. Mayor Miguel appealed. The Court of Appeals (CA) reversed the RTC decision insofar as Mayor Miguel was concerned, absolving him from liability after finding that the Municipality of Koronadal, not the mayor, was the employer of the negligent driver. The spouses Jayme filed this petition.
ISSUE
May a municipal mayor be held solidarily liable for the negligent acts of the driver assigned to him, which resulted in the death of a minor pedestrian?
RULING
No. The Supreme Court denied the petition and affirmed the CA decision. The doctrine of vicarious liability under Article 2180 of the Civil Code does not apply because no employer-employee relationship existed between Mayor Miguel and driver Lozano. Applying the four-fold test, the Municipality of Koronadal was Lozano’s lawful employer, as it had the power of selection, paid his wages, and had the right to control his work and to dismiss him. The fact that Lozano was assigned to the mayor did not transfer the employment relationship. The mayor was a mere passenger and, even assuming he could give instructions to the driver, such directions do not establish the control required to constitute an employer-employee relationship or render him liable for the driver’s negligence. Liability for the quasi-delict rests primarily on the driver and, under the law, jointly and severally with the registered owner of the vehicle.