G.R. No. L-15121, August 31, 1962
Gregorio Palacio and Mario Palacio
(minor)
vs Fely Transportation Company
Ponente: Regala
Facts:
In their complaint, the Palacio
alleged that Fely hired Alfredo Canillo as driver who negligently run over a
child (Mario). Gregorio , the father of Mario is a welder and in the account of
his child's injuries has abandoned his shop which is the family's source of
income.
Fely filed a motion to dismiss on the
grounds that there is no cause of action against the company and that the cause
of action is barred by prior judgment. But the court deferred the determination
of the grounds alleged in the motion to dismiss until the trial of the case.
The defendant then alleges (1) that
complaint states no cause of action against defendant, and (2) that the sale
and transfer of the jeep AC-687 by Isabelo Calingasan to the Fely
Transportation was made on December 24, 1955, long after the driver Alfredo
Carillo of said jeep had been convicted and had served his sentence.
In view of the evidence presented, the
lower court barred the judgment in the criminal case and held that the person
subsidiarily liable to pay damages is Isabel Calingasan, the employer.
Issue: Whether Fely Transportation can
be held liable for the damages.
Ruling:
The Court agrees with this contention
of the plaintiffs. Isabelo Calingasan and defendant Fely Transportation may be
regarded as one and the same person. It is evident that Isabelo Calingasan's
main purpose in forming the corporation was to evade his subsidiary civil liability
resulting from the conviction of his driver, Alfredo Carillo. This conclusion
is borne out by the fact that the incorporators of the Fely Transportation are
Isabelo Calingasan, his wife, his son, Dr. Calingasan, and his two daughters.
Accordingly, defendants Fely
Transportation and Isabelo Calingasan should be held subsidiarily liable for
P500.00 which Alfredo Carillo was ordered to pay in the criminal case and which
amount he could not pay on account of insolvency.
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