Jose Ortaliz vs.

Corado Echarri
G.R. No. L-9331 | July 31, 1957
Endencia, J.

Winston Ortaliz is the son of Jose Ortaliz and Elena Lucasan. On or about December
18, 1953, Winston was hit by a Sedan at the corner of Washington and Justicia Streets,
causing upon him physical injuries as a result of which he was taken to the Occidental
Negros Provincial Hospital.

The Sedan was driven by Segundo Estanda, a driver under the employ of Echarri.

An information was filed against Estanda in the municipal court of the city of Bacolod for
the crime of slight physical injuries through reckless imprudence. Estanda pleaded guilty
and has already served his penalty, but Jose Ortaliz prayed that his family be awarded
damages (moral damages). Demands have been made, but Echarri refused to pay the
same.

Echarri filed a motion to dismiss, on the ground that his liability is based on the Revised
Penal Code and not the Civil Code. He also argued that there is no allegation in the
complaint that he was engaged in some kind of industry and the employee had
committed the crime in the discharge of his duties in connection with such industry, and
he cannot be held liable, even subsidiarily.

W/N Echarri can be held liable for the negligence of his employer - YES

Article 2180 (5) refutes his contention. The Civil Code clearly provides that employers
shall be liable for damages caused by their employers within the scope of their assigned
tasks, even though the employers are not engaged in any business or industry.

W/N it was necessary for Ortaliz to reserve their right to file a civil action NO

Article 33 of the Civil Code provides that a civil action for damages arising in a case of
physical injuries shall proceed independently of the criminal prosecution and requires
only a preponderance of evidence.