FACTS:
The
victim Evangeline Tangco was depositor of Ecology Bank. She was also a
licensed-fire arm holder, thus during the incident, she was entering the bank
to renew her time deposit and along with her was her firearm. Suddenly, the
security guard of the bank, upon knowing that the victim carries a firearm, the
security guard shot the victim causing the latter’s instant death. The heirs of
the victim filed a criminal case against security guard and an action against
Safeguard Security for failure to observe diligence
of a goof father implied upon the act of its agent.
ISSUE:
WON Safeguard
Security can be held liable for the acts of its agent.
HELD:
Yes.
The law presumes that any injury committed either by fault or omission of an
employee reflects the negligence of the employer. In quasi-delicts cases, in order to overcome this presumption, the
employer must prove that there was no negligence on his part in the supervision
of his employees.
It was declared that in the
selection of employees and agents, employers are required to examine them as to
their qualifications, experience and service records. Thus, due diligence on
the supervision and operation of
employees includes the formulation of suitable rules and regulations for the
guidance of employees and the issuance of proper instructions intended for the
protection of the public and persons with whom the employer has relations
through his employees. Thus, in this case, Safeguard Security committed
negligence in identifying the qualifications and ability of its agents.
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