Title
Barredo vs. Garcia
Case
G.R. No. 48006
Decision Date
Jul 8, 1942
Employer Barredo held primarily liable for employee Fontanilla’s negligence in a fatal collision, under Civil Code Article 1903, independent of criminal case.

Case Digest (G.R. No. 48006)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Petitioner Fausto Barredo was sole proprietor of the Malate Taxicab, employer of driver Pedro Fontanilla.
    • Respondents Severino Garcia and Timotea Almario were the parents of 16-year-old Faustino Garcia.
  • Accident and Injury
    • On May 3, 1936, about 1:30 AM on the Malabon–Navotas Road, Fontanilla’s taxi collided head-on with a carretela driven by Pedro Dimapilis.
    • The carretela overturned, seriously injuring the boy Faustino Garcia, who died two days later.
  • Procedural History
    • Criminal Case: Fontanilla was convicted of negligence under the Revised Penal Code and sentenced to prison; civil action was expressly reserved.
    • Civil Case: On March 7, 1939, respondents sued Barredo in the CFI of Manila and obtained ₱2,000 damages; the Court of Appeals reduced the award to ₱1,000 plus legal interest.
    • Employer’s Negligence: It was admitted Barredo employed Fontanilla, who had prior speeding and traffic‐law violations publicized by the Bureau of Public Works.

Issues:

  • Can respondents bring a separate civil action directly against Barredo under Civil Code article 1903, without first suing Fontanilla?
  • Is Barredo’s liability as employer a primary/direct obligation under the Civil Code, or merely subsidiary under the Revised Penal Code?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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