Case Digest (G.R. No. L-32383)
Facts:
The case involves Baza Marketing Corporation as the plaintiff-appellant and Bolinao Security and Investigation Service, Inc. as the defendant-appellee. The events leading to the case began on November 26, 1965, when a security guard named Jose Silvestre y Fajarillo, employed by Bolinao Security, conspired with a minor, Ernesto Secreto y Arcenas, to commit robbery at the office of Baza Marketing Corporation, which was located in the Chamber of Commerce of the Philippines building in Manila. The security guard was responsible for guarding the premises, but he allowed the minor to enter through a hole left by the removal of an air conditioning unit, facilitating the theft of office equipment valued at P5,440.00.
On June 16, 1966, the Court of First Instance of Manila convicted both Fajarillo and Arcenas for robbery, ordering them to indemnify Baza Marketing Corporation for the stolen items. However, after a writ of execution was issued to enforce the civil liability, it was r...
Case Digest (G.R. No. L-32383)
Facts:
Parties Involved:
- Plaintiff-Appellant: Baza Marketing Corporation.
- Defendant-Appellee: Bolinao Security and Investigation Service, Inc.
Background of the Case:
- Baza Marketing Corporation filed a case against Bolinao Security and Investigation Service, Inc. for the robbery of office equipment valued at P5,440.00, attorney's fees, and damages.
Admissions and Stipulations of Facts:
- The security guard, Jose Silvestre y Fajarillo, was convicted of robbery by the Court of First Instance of Manila.
- Jose Silvestre y Fajarillo was insolvent and could not satisfy the civil liability imposed in the judgment of conviction.
- Bolinao Security and Investigation Service, Inc. had a contract with the Chamber of Commerce of the Philippines to provide security guards for its properties at Magallanes Drive, Manila.
- Jose Silvestre y Fajarillo was one of the security guards assigned to the Chamber of Commerce building.
- On November 26, 1965, Jose Silvestre y Fajarillo conspired with Ernesto Secreto y Arcenas (a 16-year-old boy) to steal office equipment from Baza Marketing Corporation's office located in the same building.
- The stolen equipment was valued at P5,440.00.
- The criminal court convicted both Jose Silvestre y Fajarillo and Ernesto Secreto y Arcenas and ordered them to indemnify Baza Marketing Corporation jointly and severally.
- A writ of execution was issued, but it was returned unsatisfied due to the insolvency of both accused.
- Baza Marketing Corporation demanded payment from Bolinao Security and Investigation Service, Inc., but the latter refused, claiming it was not subsidiarily liable.
Trial Court Decision:
- The trial court dismissed the complaint, ruling that the crime was not committed in the discharge of the security guard's duties.
Appeal:
- Baza Marketing Corporation appealed to the Court of Appeals, which certified the case to the Supreme Court due to the presence of pure questions of law.
Issue:
- Whether Bolinao Security and Investigation Service, Inc. is subsidiarily liable for the civil liability of its employee, Jose Silvestre y Fajarillo, under Article 103 of the Revised Penal Code.
- Whether the crime committed by the security guard was in the discharge of his duties as a security guard.
Ruling:
The Supreme Court affirmed the trial court's decision, holding that Bolinao Security and Investigation Service, Inc. is not subsidiarily liable for the civil liability of its employee, Jose Silvestre y Fajarillo.
Ratio:
- (Unlock)