CASTILEX INDUSTRIAL CORP. V.

VAZQUES
G. R. NO. 132266
DEC. 12, 1999
DAVIDE, JR., CJ.:

FACTS:
Romeo Vazques, was driving a Honda motorcycle without any protective helmet or
goggles. He was also carrying a students permit to drive at that time. On the other hand,
Benjamin Abad, manager of Appellant Castilex, drove the company car out of a parking
lot but instead of going around, he made a short cut against the flow of the Traffic in
proceeding to his route. The motorcycle of Vazques & the pick-up of Abad Collided,
causing severe injuries to the former. Abad stopped his vehicle and brought Vazques to
a hospital. Vazques died. Abad signed an acknowledgement of responsible party
wherein he agreed to pay whatever hospital bills, professional fees & other incidental
charges Vazques may incur. A criminal case was filed against Abad but was subsequently
dismissed for failure to prosecute. So, an action for damages was commenced by the
parents of Vazques against Abad & Castilex Industrials Corp. The trial court ruled in
favor of respondents and ordered Jose Benjamin Abad & Castilex Industrial Corp. To pay
jointly and solidarity. Castilex and Abad filed separately an appeal to the CA. Thereafter
the CA affirmed the trial courts ruling holding Abad & Castilex liable but held that the
liability of Castilex is only vicarious and not solidary. Thus, this case, the petitioner
contends that they are not vicariously liable for the injuries and subsequent death
caused by Abad. On the other hand, the respondent contends that their sons death was
caused by the negligence of petitioners employee who was driving a vehicle issued by
the petitioner & who was on his way home from overtime work for petitioner, and that
petitioner is thus liable for the resulting injury and subsequent death of their son on the
basis of the 5th paragraph of Article 2180.

ISSUE:
Whether on or not an employer may be held liable for the death resulting from the
negligent operation by a managerial employee of a company – issued vehicle

ISSUE:
Whether or not Castilex may be held liable for the death resulting from the negligent
operation by Abad of a company – issued vehicle

RULING:
NO, Castilex may not be held liable for the death resulting from the negligent operation
by Abad of a company – issued vehicle. According the principles establish by American
Jurisprudence, which is also applicable to our jurisdiction.