G.R. No. 165732 - Safeguard Security Agency, Inc. vs. Tangco

On November 3, 1997, at about 2:50 p.m., Evangeline Tangco went to Ecology Bank, Katipunan Branch, to renew her time deposit and sign a specimen card.
Evangeline was a duly licensed firearm holder with permit to carry outside her residence. She approached security guard Admer Pajarillo and pulled out her pistol from her bag to deposit it for safekeeping.
Pajarillo suddenly shot Evangeline in the abdomen with his service shotgun, causing her instantaneous death.

Respondents (Evangeline’s husband and six minor children) filed Homicide charges against Pajarillo in RTC Quezon City, Criminal Case No. 0-97-73806. They reserved their right to file a separate civil action.
RTC Branch 78 convicted Pajarillo of Homicide in a Decision dated January 19, 2000. On appeal, the Court of Appeals (CA) affirmed with modification of penalty on July 31, 2000; Entry of Judgment was on August 25, 2001.

On January 14, 1998, respondents filed a separate civil complaint (Case No. 98-417-MK) in RTC Marikina Branch 273 against Pajarillo for negligent homicide and against Safeguard Security Agency, Inc. (Safeguard) for its vicarious liability. They sought actual, moral, exemplary damages, attorney’s fees and costs.
Petitioners denied liability, asserted Pajarillo’s self-defense, and claimed Safeguard exercised due diligence in employee selection and supervision. They counterclaimed for moral damages and fees.
RTC rendered judgment on January 10, 2003, awarding respondents ₱157,430 actual damages, ₱50,000 civil indemnity, ₱1,000,000 moral damages, ₱300,000 exemplary damages, ₱30,000 attorney’s fees; dismissed the counterclaim; and held Safeguard solidarily liable.

CA, in its July 16, 2004 Decision, affirmed the RTC with the modification that Safeguard’s liability was subsidiary under Article 103, RPC; denied costs; upheld Pajarillo’s guilt. October 20, 2004 Resolution denied reconsideration.
Safeguard and Pajarillo filed a Petition for Review on Certiorari before the Supreme Court, assigning errors on Pajarillo’s negligence finding, the application of Art. 103, RPC, and denial of due diligence defense.

Whether Pajarillo was negligent in shooting Evangeline.
Whether Safeguard is solidarily liable for damages under quasi-delict (Art. 2176, Civil Code) or subsidiarily liable under criminal liability provisions (Arts. 102–103, RPC), and whether the due diligence defense applies.