Case Digest (G.R. No. 179337)
Facts:
Joseph Saludaga v. Far Eastern University and Edilberto C. De Jesus, G.R. No. 179337, April 30, 2008, the Supreme Court Third Division, Ynares‑Santiago, J., writing for the Court.Petitioner Joseph Saludaga was a sophomore law student of respondent Far Eastern University (FEU) when he was shot on campus by Alejandro Rosete, a security guard on duty, on August 18, 1996. Petitioner was treated at FEU‑Dr. Nicanor Reyes Medical Foundation. Rosete was taken to the police station, claimed the shooting was accidental, and was released in the absence of a formal complaint.
Petitioner sued FEU and its president Edilberto C. De Jesus for damages, alleging breach of the student‑school contract to provide a safe and secure learning environment. FEU impleaded Galaxy Development and Management Corporation (Galaxy), the contracted security agency, and Galaxy’s president Mariano D. Imperial by way of a Third‑Party Complaint seeking indemnity; Galaxy in turn filed a Fourth‑Party Complaint against AFP General Insurance.
On November 10, 2004 the Regional Trial Court of Manila, Branch 2 (trial court) ruled for petitioner, ordering FEU and De Jesus to pay actual and multiple forms of damages and directing Galaxy and Imperial to indemnify FEU. FEU appealed to the Court of Appeals which, in a June 29, 2007 Decision, reversed and set aside the trial court judgment and dismissed petitioner’s complaint. The CA held the shooting a fortuitous event, found Rosete was not FEU’s employee, and concluded FEU had exercised due diligence in selecting Galaxy. The CA denied petitioner’s motion for reconsideration by Resolution dated August 23, 2007.
Petitioner filed this Petition for Review on Certiorar...(Pro-only)
Issues:
- Did FEU breach its contractual obligation to provide petitioner a safe and secure learning environment and therefore incur liability for damages?
- Did FEU successfully establish that the shooting was a fortuitous event excusing liability because it exercised due diligence in selecting Galaxy?
- Can FEU be held vicariously liable as employer of Rosete for the shooting under Article 2180 of the Civil Code?
- Are Galaxy and its president Mariano D. Imperial liable to indemnify FEU for the amounts awarded to petitioner?
- Is Edilberto C. De Jesus pe...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)