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  • Barredo vs. Garcia

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    Maccky Rome
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    A head-on collision between a taxicab owned by Barredo and a carretela resulted in the death of 16-year-old Faustino Garcia. The taxicab driver was convicted criminally, and Garcia's parents reserved the right to sue civilly. They filed a civil suit directly against Barredo, the employer, to claim damages. The court ruled that quasi-delict or culpa aquiliana under the Civil Code allows for a separate civil suit against an employer directly for damages, making the employer primarily liable.

    Original Description:

    Original Title

    BARREDO VS. GARCIA

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    A head-on collision between a taxicab owned by Barredo and a carretela resulted in the death of 16-year-old Faustino Garcia. The taxicab driver was convicted criminally, and Garcia's parents reserved the right to sue civilly. They filed a civil suit directly against Barredo, the employer, to claim damages. The court ruled that quasi-delict or culpa aquiliana under the Civil Code allows for a separate civil suit against an employer directly for damages, making the employer primarily liable.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    5 views1 page

    Barredo vs. Garcia

    Uploaded by

    Maccky Rome
    A head-on collision between a taxicab owned by Barredo and a carretela resulted in the death of 16-year-old Faustino Garcia. The taxicab driver was convicted criminally, and Garcia's parents reserved the right to sue civilly. They filed a civil suit directly against Barredo, the employer, to claim damages. The court ruled that quasi-delict or culpa aquiliana under the Civil Code allows for a separate civil suit against an employer directly for damages, making the employer primarily liable.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    BARREDO VS.

    GARCIA

    Facts:

    A head-on collision between a taxicab owned by Barredo and a carretela


    occurred which resulted to the death of a 16-year old boy named Faustino Garcia. The
    driver of the taxicab was prosecuted for the crime and was later convicted. When the
    criminal case was instituted, the parents of Faustino reserved their rights to institute a
    separate civil action to claim for damages. The latter subsequently instituted a civil
    action for damages, directly against Barredo, the employer of Fausto.

    Issue:

    WON they can file a separate civil action against Barredo making the latter
    primarily and directly liable.

    Ruling:

    Yes. quasi-delict or "culpa aquiliana " is a separate legal institution under the
    Civil Code with a substantivity all its own, and individuality that is entirely apart and
    independent from delict or crime. Upon this principle and on the wording and spirit
    article 1903 of the Civil Code, the primary and direct responsibility of employers may be
    safely anchored.

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