Petitioner
Jose A. Ortaliz
Respondent
Conrado Echarri
Citation
G.R. No. 9331
Court
Supreme Court En Banc
Division
En Banc
Ponente
Endencia, J.
Decided
July 31, 1957

Summary

This landmark case established that employers are civilly liable for damages caused by their employee-drivers in vehicular accidents, even when the employer is not engaged in any business or industry. The Supreme Court clarified that Article 2180, paragraph 5 of the Civil Code imposes vicarious liability on employers for their employees' tortious acts within the scope of employment, regardless of whether the employer operates a business. The Court also reaffirmed that under Article 33, civil actions for physical injuries may be filed separately from criminal proceedings, requiring only preponderance of evidence. The decision reversed the trial court's dismissal and established important precedent for employer liability in tort cases involving employee-drivers.

Statutes applied

Related cases

Other Philippine cases on the same provisions and issues.

By Intellegal Editorial Board · July 31, 1957

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