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C-5-Jamelo V Serfino-Crim (Sep 1)

1) In 1961, a truck owned by Federico Serfino and driven by his employee Antonio Regoles collided with another truck, causing injuries to Artemio Jamelo who later died. 2) In 1963, the court found Antonio Regoles responsible and ordered him to pay damages of P6,000 and P2,000 in moral damages to Jamelo's mother Anita Jamelo. 3) In 1966, Anita Jamelo filed a case against Federico Serfino, claiming he was subsidiarily liable since Antonio Regoles was insolvent. However, the court ruled the case time-barred as more than 4

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135 views1 page

C-5-Jamelo V Serfino-Crim (Sep 1)

1) In 1961, a truck owned by Federico Serfino and driven by his employee Antonio Regoles collided with another truck, causing injuries to Artemio Jamelo who later died. 2) In 1963, the court found Antonio Regoles responsible and ordered him to pay damages of P6,000 and P2,000 in moral damages to Jamelo's mother Anita Jamelo. 3) In 1966, Anita Jamelo filed a case against Federico Serfino, claiming he was subsidiarily liable since Antonio Regoles was insolvent. However, the court ruled the case time-barred as more than 4

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Brandon Banasan
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Jamelo V Serfino 44 SCRA 464

Background

In the evening of February 1, 1961, while Antonio Regoles was driving the truck of the
defendant Federico Serfino, through his negligence and carelessness, said truck collided
with another truck parked on the right side of the road near kilometer 5 in the
Municipality of Talisay, Negros Occidental.
As a consequence of said collision his co-employee Artemio Jamelo suffered injuries
and he died.
The mother of the late Artemio Jamelo filed in the Court of First Instance Civil Case No.
6198, entitled 'Anita Jamelo vs. Antonio Regoles' for damages on May 15, 1961.
On August 26, 1963 the Court of First Instance rendered a decision declaring the
defendant Antonio Regoles responsible for the death of Artemio Jamelo, and ordered
Antonio Regoles to pay P6,000.00 to the plaintiff Anita Jamelo and to pay an additional
sum of P2,000.00 as moral damages.
On November 17, 1965 the provincial sheriff of Negros Occidental returned unsatisfied
the writ of execution, stating that the defendant Antonio Resoles was insolvent (cant
pay)

Petitioner: Jamelo filed this present action against the defendant Federico Serfino for subsidiary
liability as owner of the truck and employer of the driver Antonio Regoles, claiming that said
defendant Federico Serfino is subsidiarily liable to pay the amount of P8,000.00 adjudged by the
Court of Appeals against the defendant driver Antonio Regoles who was
insolvent.

Defendant: There was no criminal complaint filed against the driver Antonio Regoles; the
defendant in this present case Federico Serfino is not subsidiarily liable.

Ruling:

The lower court held that "subsidiary liability presupposes that there was a criminal action. If no
criminal action was instituted, the employer's liability would not be predicated on Art. 103,
(Revised Penal Code)".

Actions based upon quasi-delicts prescribe after four years from the commission of the fault or
negligent deed. Since the accident causing the death of plaintiff's son occurred on February 1,
1961, the filing of the complaint below only on March 10, 1966 was already barred by the lapse
of more than a year beyond the four-year prescription period.

http://www.lawphil.net/judjuris/juri1972/apr1972/gr_l_26730_1972.html

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