CASTILEX INDUSTRIAL CORP vs VASQUEZ FACTS: On Aug.

28, 1988, around 1:30-2 am, Romeo Vasquez was driving his motorcycle around the who was going against the flow of the the traffic in the same Rotunda. Vasquez died at the hospital on Sept. 5, 1988. Abad signed an acknowledgement of Responsible party wherein he would pay all the expenses. Vasquez parents commenced an action for damages against Abad and Castilex. TC held that both must pay jointly and solidarily. CA affirmed but held that the liability of Castilex is only vicarious and not solidary. ISSUE: WON an employer may be held vicariously (subsidiarily) liable for the death resulting from the negligent operation by a managerial employee of a company-issued vehicle HELD: NO RATIO: Art 2180 par 5 says that WON engaged in any business or industry, an employer is liable for the torts committed by emplyees within the scope of his assigned tasks. But it is necessary to first establish the employee-employer relnship. Then the plaintiff must show, to hold emplyer liable, that the employee was acting within the scope of his assigned task when the tort complained of was committed. It is only then that the employer can interpose the defense of due diligence in the selection and supervision of its employee. In the case at bar, it is undisputed that Abad was production manager of Castilex. At the night of the incident, he did some overtime work at petitioners office. Thereafter he went to a restaurant at a place known as a haven for prostitutes, pimps,and drug pushers and addicts The Court finds that Abad was engaged in affairs of his own (had a woman in the car with him not young enough to call him Daddy!!) or was carrying out a personal purpose not in line with his duties at the time he figured in a vehicular accident. It was 2 am and way beyond normal working hours. His overtime had ended. Since there is a paucity (scarcity, insufficiency) of evidence that Abad was acting within the scope of the functions entrusted to him, Castilex had no duty to show that it exercised the diligence of a good father of a family in providing Abad with a service vehicle. Thus, justice and equity require that Castilex be relieved of vicarious liability for the consequences of the negligence of Abad in driving its vehicle.