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Petitioner Domingo Dela Cruz, was hired as a special guard of Northern Theatrical Enterprises. July 4, 1941, Benjamin Martin wanted to crash the gate or entrance of the cinema. The latter then attacked petitioner with a bolo and petitioner defended himself resulting to Martin’s death.
Dela Cruz was then charged with homicide by the court of first instance of Ilocos-Norte. A re-investigation was conducted acquitting petitioner of the criminal charges.
Dela Cruz then demanded reimbursement of expenses from his former employer after which he filed an action against the respondent together with 3 board of directors to recover not only the amounts, he paid his lawyer but as well as moral damages amounting to P15,000.00
Whether or not Northern Theatrical enterprises is liable for the reimbursement expenses
No. The relationship between Dela Cruz and Northern Theatrical Enterprises because Dela Cruz was not the principal and agent, the principle of representation was in no way involved. Dela Cruz was not employed to represent the defendant corporation in its dealings with third parties. he was a mere employee hired to perform a certain duty or task.
All laws and principles of law found refer to cases of physical injuries/ death suffered in the line of duty or in the course of the performance of duties. but the Court is not prepared to say and to hold that giving of said legal assistance to its employees is a legal obligation. Viewed from another angle, it may be said that the damage suffered by Dela Cruz, that is, the expenses incurred by him in remunerating his lawyer, is not caused by his shooting the gate crasher but rather the filing of charge. had no criminal charges filed against him, no expenses would have incurred so the damage caused by Dela Cruz was the the improper filing of criminal charge. if despite the innocence and despite the absence of criminal responsibility, he was accused of homicide. The responsibility for the improper accusation may be laid at the door of the heirs of the deceased and the state. and so, theoretically, they are the parties that may be held for damages