G.R. No. L-45080; April 3, 1939
FLORENCIA DUQUILLO, plaintiff-appellant, vs. PAZ BAYOT, defendant-appellee.

FACTS

Pio Duquillo, father of the appellant, arranged with Leopoldo Fernandez, a chauffeur employed by Paz Bayot, to drive him to Milagros on Easter Sunday using one of Bayot’s trucks, despite initial refusal from Fernandez and without the knowledge or consent of Bayot or her manager. During the trip, Fernandez, feeling ill from drinking tuba, handed over the driving to James McGurk, a stranger to Bayot’s business, at Duquillo’s suggestion. The truck later overturned, causing fatal injuries to Duquillo.

ISSUE

Whether Paz Bayot is liable for damages arising from the death of Pio Duquillo.

RULING

No. The Court affirmed the dismissal of the complaint. The accident occurred while the truck was being driven by James McGurk, who was not an employee of the appellee and had no connection to her business. The use of the truck on that day was without the knowledge or consent of the owner or her authorized agent. Consequently, no contractual relation existed between the deceased and the appellee, making articles 1101 et seq. of the Civil Code inapplicable. The appellee could not be held liable under articles 1902 and 1903 of the Civil Code as the driver at the time of the accident was not her employee and the vehicle was being used without her authorization.

AI Generated by Armztrong.