Employersʼ subsidiary

civil liability
Dear PAO,
My cousin, Emerald, is
a victim of a vehicular
accident. While on
Persida
Acosta
her way home, she
was hit by a delivery
truck owned by a known beverage
company. The truck was about to
deliver loads of beverages. Emerald
filed a criminal case in court for
reckless imprudence resulting in
serious physical injuries and
damage to property against the
driver who was an employee of the
said company. The driver was later
convicted of the crime and the
court awarded damages in
Emeraldʼs favor. However, the
driver had no means to pay or
satisfy the award of damages. How
can my cousin recover the
damages awarded to her by the
court?

Respectfully,
Bugz

Dear Bugz,
Your cousin can recover the
amount of damages awarded by
the court from the employer of the
driver. Employers have subsidiary
civil liability for the felonies
committed by their employees in
the discharge of their duties.

The statutory basis for subsidiary

civil liability is stated in the case of
Delos Santos vs. Court of Appeals
(G.R. No 169498, December 11,
2008, Ponente: Honorable former
Associate Justice Minita V. Chico-
Nazario):

“The statutory basis for an

employerʼs subsidiary liability is
found in Articles 102 and 103 of the
Revised Penal Code, which read:

Art. 102. Subsidiary civil liability of

innkeepers, tavernkeepers, and
proprietors of establishments. – In
default of the persons criminally
liable, innkeepers, tavernkeepers,
and any other persons or
corporations shall be civilly liable
for crimes committed in their
establishments, in all cases where
a violation of municipal ordinances
or some general or special police
regulation shall have been
committed by them or their
employees.

Innkeepers are also subsidiarily

liable for restitution of goods taken
by robbery or theft within their
houses from guests lodging
therein, or for the payment of the
value thereof, provided that such
guests shall have notified in
advance the innkeeper himself, or
the person representing him, of the
deposit of such goods within the
inn; and shall furthermore have
followed the directions which such
innkeeper or his representative may
have given them with respect to
the care of and vigilance over such
goods. No liability shall attach in
case of robbery with violence
against or intimidation of persons
unless committed by the
innkeeperʼs employees.

Art. 103. Subsidiary civil liability of

other persons. – The subsidiary
liability established in the next
preceding article shall also apply to
employers, teachers, persons, and
corporations engaged in any kind
of industry for felonies committed
by their servants, pupils, workmen,
apprentices, or employees in the
discharge of their duties.

This liability is enforceable in the

same criminal proceeding in which
the award is made. This liability
attaches when the employees who
are convicted of crimes committed
in the performance of their work
are found to be insolvent and are
thus unable to satisfy the civil
liability adjudged.”

However, before the employerʼs

subsidiary liability is enforced, it is
explained in the case of Calang vs.
People (G.R. No. 190696, August 3,
2010, Ponente: Honorable former
Associate Justice Arturo D. Brion),
that:

“Nonetheless, before the

employers subsidiary liability is
enforced, adequate evidence must
exist establishing that (1) they are
indeed the employers of the
convicted employees; (2) they are
engaged in some kind of industry;
(3) the crime was committed by the
employees in the discharge of their
duties; and (4) the execution
against the latter has not been
satisfied due to insolvency. The
determination of these conditions
may be done in the same criminal
action in which the employees
liability, criminal and civil, has been
pronounced, in a hearing set for
that precise purpose, with due
notice to the employer, as part of
the proceedings for the execution
of the judgment.”

We hope that we were able to

answer your queries. Please be
reminded that this advice is based
solely on the facts you have
narrated and our appreciation of
the same. Our opinion may vary
when other facts are changed or
elaborated.

Editorʼs note: Dear PAO is a daily

column of the Public Attorneyʼs
Office. Questions for Chief Acosta
may be sent to
dearpao@manilatimes.net.

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