Title
Baza Marketing Corp. vs. Bolinao Security and Investigation Service, Inc.
Case
G.R. No. L-32383
Decision Date
Sep 30, 1982
Baza Marketing sued Bolinao Security for robbery by its guard; Supreme Court ruled employer not subsidiarily liable as crime wasn't within guard's duties.
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Case Digest (G.R. No. L-32383)

Facts:

  1. Parties Involved:

    • Plaintiff-Appellant: Baza Marketing Corporation.
    • Defendant-Appellee: Bolinao Security and Investigation Service, Inc.
  2. 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.
  3. 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.
  4. 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.
  5. 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:

  1. 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.
  2. 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:

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