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ALFREDO P. PACIS v. JEROME JOVANNE MORALES

FACTS:

This case involves a civil case for damages filed by the parents of a student who died in a shooting incident inside a gun store against the owner of the store. The incident took place when the student, along with two sales agents of the gun store, were handling a gun brought in by a customer for repair. The gun, which was left by the owner of the store in a drawer, was later taken out and placed on a table where the student gained possession of it. Despite one of the sales agents requesting the student to return the gun, it accidentally discharged, resulting in the student being shot in the head. Subsequently, the sales agent was acquitted of the criminal case for homicide that was filed against him.

Initially, the trial court held the owner of the gun store civilly liable for the student's death due to the negligence of his employee. However, the Court of Appeals reversed the decision. The Court of Appeals ruled that there was no employer-employee relationship between the owner and the employee. Even if there was, the Court of Appeals concluded that no negligence could be attributed to the owner. Consequently, the parents of the student filed a petition for review with the Supreme Court to challenge the decision of the Court of Appeals.

ISSUES:

  1. Whether there was an employer-employee relationship between respondent and Matibag.

  2. Whether respondent can be held civilly liable for the death of Alfred Pacis.

RULING:

  1. The Court of Appeals held that there was no employer-employee relationship between respondent and Matibag. The element of control was absent, thus precluding the application of Article 2180 of the Civil Code.

  2. The Court of Appeals absolved respondent from civil liability, ruling that even if he is considered an employer of Matibag, no negligence can be attributed to him.

PRINCIPLES:

  • In order to establish an employer-employee relationship, the element of control in the performance of work must be present.

  • Under Article 2180 of the Civil Code, an employer is presumed liable for the damages caused by his employees while in the performance of their duties, unless he can prove that he observed the required diligence to prevent the damage.

  • The employer's liability in Article 2180 is premised on the negligence of the employee, and if no negligence can be attributed to the employee, the employer cannot be held liable.