Case Digest (G.R. No. L-8034)
Facts:
Cornelia A. De Gillaco, et al. v. Manila Railroad Company, G.R. No. L-8034, November 18, 1955, the Supreme Court En Banc, Reyes, J., writing for the Court.The plaintiffs-appellees were the widow and children of the late Tomas Gillaco; the defendant-appellant was the Manila Railroad Company. The Court of First Instance of Laguna rendered judgment against the Railroad, ordering it to pay P4,000 damages to the plaintiffs for the death of Tomas Gillaco, who was shot aboard a Manila Railroad train on April 1, 1946.
The facts were stipulated. At about 7:30 a.m. on April 1, 1946, Gillaco was a passenger on the early morning Calamba–Manila train. Emilio Devesa, identified as a train guard employed by Manila Railroad and assigned to the Manila–San Fernando, La Union line, happened to be at Paco Station waiting to board a train that would take him to Tutuban to report for a tour of duty that would begin at 9:00 a.m. Devesa had a longstanding personal grudge against Gillaco dating from the Japanese occupation and, upon seeing Gillaco inside the coach, shot him with the carbine furnished to Devesa by the Railroad. Gillaco died from his wound. It was also undisputed that Devesa was convicted of homicide by final judgment of the Court of Appeals.
On appeal, the Railroad contended it was not civilly liable: (a) it should not be held subsidiarily ex delicto under Art. 103 of the Revised Penal Code because the killing was not committed while Devesa was in the actual performance of his ordinary duties; and (b) it was not contractually liable for breach of the contract of carriage because the complaint did not plead negligence and the shooting was not a foreseeable breach the Railroad could have avoided. The Court below imposed contractual liabil...(Pro-only)
Issues:
- Was the Manila Railroad Company civilly liable subsidiarily ex delicto for the homicide committed by its employee, Emilio Devesa (vicarious/criminal-principal responsibility under Art. 103, Revised Penal Code)?
- Was the Manila Railroad Company contractually liable to Gillaco’s estate for breach of the contract of carriage for the death caused by Devesa, or was the killing excused as unforeseeable/caso fortuito under the Ci...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
- (Pro-only)