On January 19, 1991, Alfred Dennis Pacis, then 17 years old and a first year student at the Baguio Colleges Foundation taking up BS Computer Science, died due to a gunshot wound in the head which he sustained while he was at the Top Gun Firearm[s] and Ammunition[s] Store located at Upper Mabini Street, Baguio City. The gun store was owned and operated by defendant Jerome Jovanne Morales.
With Alfred Pacis at the time of the shooting were Aristedes Matibag and Jason Herbolario. They were sales agents of the defendant, and at that particular time, the caretakers of the gun store.
The bullet which killed Alfred Dennis Pacis was fired from a gun brought in by a customer of the gun store for repair.
The gun, an AMT Automag II Cal. 22 Rimfire Magnum with Serial No. SN-H34194 (Exhibit "Q"), was left by defendant Morales in a drawer of a table located inside the gun store.
Defendant Morales was in Manila at the time. His employee Armando Jarnague, who was the regular caretaker of the gun store was also not around. He left earlier and requested sales agents Matibag and Herbolario to look after the gun store while he and defendant Morales were away. Jarnague entrusted to Matibag and Herbolario a bunch of keys used in the gun store which included the key to the drawer where the fatal gun was kept.
It appears that Matibag and Herbolario later brought out the gun from the drawer and placed it on top of the table. Attracted by the sight of the gun, the young Alfred Dennis Pacis got hold of the same. Matibag asked Alfred Dennis Pacis to return the gun. The latter followed and handed the gun to Matibag. It went off, the bullet hitting the young Alfred in the head.
A criminal case for homicide was filed against Matibag before branch VII of this Court. Matibag, however, was acquitted of the charge against him because of the exempting circumstance of "accident" under Art. 12, par. 4 of the Revised Penal Code.
By agreement of the parties, the evidence adduced in the criminal case for homicide against Matibag was reproduced and adopted by them as part of their evidence in the instant case.3
WHEREFORE, premises considered, judgment is hereby rendered in favor of the plaintiffs [Spouses Alfredo P. Pacis and Cleopatra D. Pacis] and against the defendant [Jerome Jovanne Morales] ordering the defendant to pay plaintiffs --(1) P30,000.00 as indemnity for the death of Alfred Pacis;
(2) P29,437.65 as actual damages for the hospitalization and burial
expenses incurred by the plaintiffs;
(3) P100,000.00 as compensatory damages;
(4) P100,000.00 as moral damages;
(5) P50,000.00 as attorney's fees.
SO ORDERED.4
Granting arguendo that an employer-employee relationship existed between Aristedes Matibag and the defendant-appellant, we find that no negligence can be attributed to him.
Negligence is best exemplified in the case of Picart vs. Smith (37 Phil. 809). The test of negligence is this:"x x x. Could a prudent man, in the position of the person to whom negligence is attributed, foresee harm to the person injured as a reasonable consequence of the course about to be pursued? If so, the law imposes a duty on the actor to refrain from that course or take precaution against its mischievous results, and the failure to do so constitutes negligence. x x x."
Defendant-appellant maintains that he is not guilty of negligence and lack of due care as he did not fail to observe the diligence of a good father of a family. He submits that he kept the firearm in one of his table drawers, which he locked and such is already an indication that he took the necessary diligence and care that the said gun would not be accessible to anyone. He puts [sic] that his store is engaged in selling firearms and ammunitions. Such items which are per se dangerous are kept in a place which is properly secured in order that the persons coming into the gun store would not be able to take hold of it unless it is done intentionally, such as when a customer is interested to purchase any of the firearms, ammunitions and other related items, in which case, he may be allowed to handle the same.
We agree. Much as We sympathize with the family of the deceased, defendant-appellant is not to be blamed. He exercised due diligence in keeping his loaded gun while he was on a business trip in Manila. He placed it inside the drawer and locked it. It was taken away without his knowledge and authority. Whatever happened to the deceased was purely accidental.8
- THE APPELLATE COURT COMMITTED SERIOUS ERROR IN RENDERING THE DECISION AND RESOLUTION IN QUESTION IN DISREGARD OF LAW AND JURISPRUDENCE BY REVERSING THE ORDER OF THE REGIONAL TRIAL COURT (BRANCH 59) OF BAGUIO CITY NOTWITHSTANDING CLEAR, AUTHENTIC RECORDS AND TESTIMONIES PRESENTED DURING THE TRIAL WHICH NEGATE AND CONTRADICT ITS FINDINGS.
- THE APPELLATE COURT COMMITTED GRAVE, REVERSIBLE ERROR IN RENDERING THE DECISION AND RESOLUTION IN QUESTION BY DEPARTING FROM THE ACCEPTED AND USUAL COURSE OF JUDICIAL PROCEEDINGS THEREBY IGNORING THE FACTUAL FINDINGS OF THE REGIONAL TRIAL COURT (BRANCH 59) OF BAGUIO CITY SHOWING PETITIONER'S CLEAR RIGHTS TO THE AWARD OF DAMAGES.9
Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called quasi-delict and is governed by the provisions of this Chapter.
Endnotes:
1 Under Rule 45 of the 1997 Rules of Civil Procedure.
2Penned by Associate Justice Jose Catral Mendoza (now Supreme Court Justice) with Associate Justices Romeo A. Brawner and Edgardo P. Cruz, concurring.
3 Rollo, pp. 43-44.
4 Id. at 50.
5Id. at 29-39.
6The dispositive portion of the Court of Appeals' decision reads:WHEREFORE, the April 8, 1998 Decision of the Regional Trial Court, Branch 59, Baguio City, is REVERSED and SET ASIDE and a new one entered dismissing the defendant-appellant from civil liability under Article 2180 of the Civil Code.
SO ORDERED.7 Articles 2176 and 2180 of the Civil Code provide:
Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called quasi-delict and is governed by the provisions of this Chapter.
Art. 2180. The obligation imposed by article 2176 is demandable not only for one's own acts or omissions, but also of those persons for whom one is responsible.
x x x
The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions.
x x x
The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage.
8 Rollo, pp. 38-39.
9Id. at 15.
10 Article 1161 of the Civil Code provides: "Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and Title XVIII of this Book regulating damages."
11 Article 100 of the Revised Penal Code provides that "[e]very person criminally liable for a felony is also civilly liable."
12 Article 103 of the Revised Penal Code states that "[t]he subsidiary liability 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."
13 Maniago v. Court of Appeals, 324 Phil. 34 (1996).
14 See PNP Circular No. 9, Policy on Firearms and Ammunition Dealership/Repair, <http://www.fed.org.ph/fed/download/PNP Circulars/PNP Circular No. 9.pdf> (visited 18 February 2010). The pertinent provision of the PNP Circular No. 9 reads:Administrative Sanction
a. There shall be an Administrative Sanction of suspension or cancellation of license depending on the gravity and nature of the offense on the following prohibited acts:1) Selling of ammunition to unauthorized persons, entities, security agencies, etc.
2) Selling of display firearm without authority.
3) Failure to maintain the basic security and safety requirements of a gun dealer and gun repair shop such as vault, fire fighting equipment and maintenance of security guards from a licensed security agency.
4) Failure to submit monthly sales report on time to FED, CSG [Firearms and Explosives Division of the PNP Civil Security Group].
5) Unauthorized disposition or selling of firearms intended for demonstration/test/evaluation and display during gun show purposes.
6) Submission of spurious documents in the application for licenses.
7) Other similar offenses. (Emphasis supplied)