Case Digest (G.R. No. 165732)
Facts:
Safeguard Security Agency, Inc. and Admer Pajarillo v. Lauro Tangco, et al., G.R. No. 165732, December 14, 2006, the Supreme Court First Division, Austria‑Martinez, J., writing for the Court.On November 3, 1997, at about 2:50 p.m., Evangeline Tangco went to Ecology Bank, Katipunan Branch, Quezon City to renew a time deposit and, at the bank entrance, removed a firearm from her bag intending to deposit it for safekeeping. Stationed outside the bank as a security guard, Admer Pajarillo allegedly shot Evangeline with his service shotgun, fatally wounding her.
Respondent Lauro Tangco, Evangeline’s husband, and their six minor children filed a criminal complaint against Pajarillo for homicide in the Regional Trial Court (RTC), Quezon City, Branch 78, Criminal Case No. 0-97-73806. The RTC convicted Pajarillo of homicide in a Decision dated January 19, 2000; the conviction was affirmed with modification by the Court of Appeals (CA) in a decision dated July 31, 2000 (docketed as G.R. CR No. 23947), with the Entry of Judgment on August 25, 2001.
Separately, on January 14, 1998 respondents filed a civil complaint for damages in the RTC, Branch 273, Marikina City (Case No. 98-417-MK), naming Pajarillo for negligently shooting Evangeline and Safeguard Security Agency, Inc. as employer for alleged failure to exercise the diligence of a good father of a family in selection and supervision. Trial ensued; the RTC rendered judgment on January 10, 2003 awarding respondents actual, civil indemnity, moral, exemplary damages, attorney’s fees and costs, and dismissed petitioners’ counterclaim.
Petitioners appealed to the Court of Appeals, which on July 16, 2004 affirmed the RTC decision but modified the employer’s liability as only subsidiary under Article 103 of the Revised Penal Code (RPC), treating the civil claim as arising from the criminal offense. Petitioners’ motion for reconsideration was denied by CA Resolution dated October 20, 2004. Thereafter peti...(Pro-only)
Issues:
- Was petitioner Admer Pajarillo guilty of negligence in shooting Evangeline Tangco?
- Should petitioner Safeguard Security Agency, Inc. be held solidarily and primarily liable for the damages awarded, or is its liability only subsidiary under Article 103 of the Revised Penal Code; alternatively, did Safeguard prove the diligence of a good father of a family ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)