a collections of case digests and laws that can help aspiring law students to become a lawyer
Respondent Sison owned a Plymouth car, which was brought to petitioner company's gasoline and service station for washing, greasing, and spraying, in which such services were undertaken by Profirio De La Fuente (agent of petitioner) through his two employees. - Nearly finishing the services, the crew positioned carefully the car for a final greasing, but it accidentally fell off, damaging the said car. - Car of respondent Sison was repaired and after the investigation made by the car's insurance companies, both the insurance companies and the owner of the car brought an action in the CFI Manila against petitioner Shell and de la Fuente - RTC dismissed complaint, but CA reversed and sentenced petitioner to pay respondents
Whether or not Petitioner Shell Phil is bound to the acts of his agent de la Fuente.
Yes, As the act of the agent or his employees acting within the scope of his authority is the act of the principal, the breach of the undertaking by the agent is one for which the principal is answerable. - the finding of the Court of Appeals that the operator De la Fuente was an agent of the company and not an independent contractor should not be disturbed, in which, the servicing job on Appellant Sison's automobile was accepted by De la Fuente in the normal and ordinary conduct of his business as operator of his co-appellee's service station, and that the jerking and swaying of the hydraulic lift which caused the fall of the subject car were due to its defective condition, resulting in its faulty operation. - Court of Appeals found, Company's mechanic failed to make a thorough check up of the hydraulic lifter, check-up was "merely routine" by raising "the lifter once or twice, after observing that the operator was satisfactory, he (the mechanic) left the place. The latter was negligent, and the company must answer for the negligent act of its mechanic which was the cause of the fall of the car from the hydraulic lifter.
Leave a Reply.