FELIX LANUZO, plaintiff-appellee,

vs.
SY BON PING and SALVADOR MENDOZA, defendants-appellants.
G.R. No. L-53064 September 25, 1980

DOCTRINE:

The same negligent act causing damages may produce civil liability arising from a crime under
article 100 of the Revised Penal Code, or create an action for cuasi-delito or culpa
extracontractual under articles 1902-1910 of the Civil Code.

FACTS:

Salvador Mendoza, driver of Sy Bon Ping, recklessly and negligently rammed the residential
house and store or Felix Lanuzo. The total damage to his property was P13,000 and he was
deprived of his monthly income from the store of P300.

In a complaint for damages instituted by Lanuzo independently from the criminal action, the trial
court ruled that Sy Bon Ping and Mendoza were jointly and severally liable to pay Lanuzo P
13,000.00 as damages and P 300.00, representing Lanuzo’s monthly income, until the entire P
13,000.00 has been paid in full.

ISSUE:

Whether Sy Bon Ping, as employer, and Mendoza, as employee are solidarily liable for payment
of damages to Lanuzo.

RULING:

Plaintiff predicated his claim for damages on quasi-delict, which may proceed independently and
regardless of the result of the criminal case. Salvador Mendoza is evidently primarily liable for
his reckless driving resulting to the damage caused to Lanuzo under Article 2176 of the Civil
Code. Sy Bon Ping, as employer, is also primary and direct under Article 2180 of the Civil Code,
which explicitly provides: Employers shall be liable for the damages caused by their employees
and household helpers acting within the scope of their assigned tasks, even though the former are
not engaged in any business or industry.

Sy Bon Ping failed to disprove the legal presumption of his negligence in the selection and
supervision of this employee (Article 2180) and is primary and solidarily liable with Mendoza.
Nevertheless, Sy Bon Ping may demand reimbursement from Mendoza for whatever amount he
will have to pay the offended party to satisfy the claim for damages.
In the instant case, the shooting of Jennifer by Adelberto with an air rifle occured when parental
authority was still lodged in respondent Bundoc spouses, the natural parents of the minor
Adelberto. It would thus follow that the natural parents who had then actual custody of the minor
Adelberto, are the indispensable parties to the suit for damages.

Digested by: Baldecasa, Aileen P.