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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The principle of vicarious liability holds certain individuals or entities liable not only for their own negligent acts but also for those committed by persons under their control or authority. This imputed liability applies in specific relationships provided under Article 2180 of the Civil Code.
Article 2180 of the Civil Code provides that a person is not only liable for one’s own quasi-delict acts, but also for those persons for whom one is responsible for. This liability is known as vicarious or imputed liability.
In Cangco v. Manila Railroad Co. (G.R. No. 12191), the basis of the doctrine of vicarious liability was explained by the Supreme Court in the following terms: With respect to extra-contractual obligation arising from negligence, whether of act or omission, it is competent for the legislature to elect — and our Legislature has so elected — to limit such liability to cases in which the person upon whom such an obligation is imposed is morally culpable or, on the contrary, for reasons of public policy. to extend that liability, without regard to the lack of moral culpability, so as to include responsibility for the negligence of those persons whose acts or omissions are imputable, by a legal fiction, to others who are in a position to exercise an absolute or limited control over them. The legislature which adopted our Civil Code has elected to limit extra-contractual liability — with certain well-defined exceptions — to cases in which moral culpability can be directly imputed to the persons to be charged. This moral responsibility may consist in having failed to exercise due care in one’s own acts, or in having failed to exercise due care in the selection and control of one’s agent or servants, or in the control of persons who, by reasons of their status, occupy a position of dependency with respect to the person made liable for their conduct.
When does the doctrine of vicarious liability apply?
- The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company
- Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company.
- The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions.
- Employers are liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry.
- The State is responsible when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in Article 2176 shall be applicable.
- Teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody.
The responsibility shall cease when the persons mentioned prove that they observed all the diligence of a good father of a family to prevent damage.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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