Philippine Rabbit vs. Philam Forwarders
Philippine Rabbit vs. Philam Forwarders
Philippine Rabbit vs. Philam Forwarders
SUERTE
PHILIPPINE RABBIT BUS LINES, INC. and FELIX PANGALANGAN, plaintiffs-appellants, vs. PHIL-
AMERICAN FORWARDERS, INC., ARCHIMEDES J. BALINGIT and FERNANDO PINEDA, defendant-
appellees.
FACTS:
On November 24, 1962, Pineda drove recklessly a freight truck, owned by Phil-American Forwarders, Inc.,
along the national highway of Sto. Tomas, Pampanga. The truck bumped the bus driven by Pangalangan, which was
owned by Philippine Rabbit Bus Lines, Inc. 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 the company of earnings amounting to
P8,665.51. Balingit was the manager of Phil-American Forwarders, Inc.
ISSUE:
W/N the terms “employers” and “owners and managers of an establishment or enterprise” used in Article
2180 of the Civil Code, embrace the manager of a corporation owning a truck, the reckless operation of which
allegedly resulted in the vehicular accident from which the damage arose.
SC RULING:
We are of the opinion that those terms do not include the manager of a corporation. It may be gathered from
the context of Art 2180 that the term “manager” is used in the sense of “employer”.
Hence, under the allegations of the complaint, 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 of his employer, Phil-American Forwarders, Inc.