August 8, 2007
Ponente: Austria-Martinez, J.
FACTS
On October 19, 1987, two armed men entered Agencia de R.C. Sicam, a pawnshop in Paranaque, and took away whatever cash and jewelry were found inside the pawnshop vault. Among the items taken were pieces of jewelry pawned by Lulu V. Jorge, who subsequently filed an action for indemnification and damages against Roberto Sicam and Agencia de R.C. Sicam.• Sicam's defense: They should not be held liable since robbery is a fortuitous event and they were not negligent at all.• RTC ruled in Sicam's favor. CA reversed RTC's ruling and held both Sicam and his pawnshop jointly and severally liable. Hence, the instant petition.
RULING
Petition dismissed. CA ruling that both Sicam and Agencia de R.C. Sicam should be jointly and severally held liable to Lulu for the loss of the pawned pieces of jewelry is upheld.
Whether or not Roberto Sicam and Agencia de R.C. Sicam are guilty of negligence. – YES.
Petitioners failed to exercise reasonable care and caution that an ordinarily prudent person would have used in the same situation. Petitioners were guilty of negligence in the operation of their pawnshop business, as evidenced by the fact that there were no security measures adopted in the operation of the pawnshop.
There was no clear showing that there was any security guard at all. Sicam's admission that the vault was open at the time of robbery is also a clear proof of their failure to observe the care, precaution, and vigilance that the circumstances justly demanded.
The provision on pledge, particularly Article 2099 of the Civil Code, provides that the creditor shall take care of the thing pledged with the diligence of a good father of a family. This means that petitioners must take care of the pawns the way a prudent person would as to his own property.
DOCTRINE
The creditor shall take care of the thing pledged with
the diligence of a good father of a family. This means that petitioners
must take care of the pawns the way a prudent person would as to his own
property.
