March 25, 1975
Ponente: Aquino, J.
FACTS
In November 1962, Ferdinand Pineda recklessly drove a freight truck, owned by Phil-American Forwarders, Inc., along the national highway at Sto. Tomas, Pampanga.
Due to Pineda's recklessness, the truck bumped a Philippine Rabbit bus driven by Felix Pangalangan. As a result of the bumping, Pangalangan suffered injuries and the bus was damaged and could not be used for seventy-nine days, thus depriving Philippine Rabbit of earnings amounting to P8,665.51.
Pangalangan and Philippine Rabbit filed an action for damages based on quasi-delict or culpa aquiliana against the truck driver Pineda and Archimedes Balingit in his capacity as the manager of Phil-American Forwarders, Inc.
Balingit, on the other hand, moved that the complaint against him be dismissed on the ground that the bus company and the bus driver had no cause of action against him on the ground that he was not Pineda's employer.
CFI of Tarlac dismissed the complaint against Balingit. It ruled that Balingit, as the manager of Phil-American Forwarders, Inc., was not the manager of an establishment contemplated in Art. 2180 of the Civil Code.
Hence, the instant petition
RULING
CFI ruling affirmed.
Whether or not Balingit, in his capacity as manager of Phil-American Forwarders, should be made solidarily liable for the negligence of Pineda? – NO. – YES.
As the manager of a corporation owning a truck, Balingit does not fall within the ambit of Art. 2180 (par. 4 and 5). The Court held that the terms used in the said provision -- "employers" and "owners and managers of an establishment or enterprise" -- do not include the manager of a corporation.
The use of the term "manager" ("director" in the Spanish version) in Art. 2180 pertains to an "employer". Since he is not Pineda's employer, Balingit may therefore be regarded as an employee himself or dependiente of his employer, Phil-American Forwarders, Inc.
No tortious or quasi-delictual liability can be fastened on Balingit as manager of Phil-American Forwarders, Inc., in connection with the vehicular accident already mentioned because he himself may be regarded as an employee or dependiente of his employer, Phil-American Forwarders, Inc.
The additional argument of Pangalangan and Philippine Rabbit that the veil of corporate fiction should be pierced and that Phil-American Forwarders, Inc. and Balingit and his wife should be treated as one and the same civil personality cannot be countenanced by the Court because this was not raised in the lower court.
DOCTRINE
The terms "employers" and "owners and managers of an
establishment or enterprise" as used in Art. 2180 do not include the
manager of a corporation.
