Fausto Barredo, petitioner

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Quasi-delict or "Culpa Aquiliana"; Primary and Direct Responsibility of Employers under Articles 1902-1910 of the Civil Code.—A head-on collision between a taxi and a carretela resulted in the death of a 16-year-old boy, one of the passengers.

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[No. 48006.July 8, 1942]Fausto Barredo, petitioner, vs. Severino Garcia and Timotea Almario, respondents.1.Damages; Quasi-delict or "Culpa Aquiliana"; Primary and Direct Responsibility of Employers under Articles 1902-1910 of the Civil Code.A head-on collision between a taxi and a carretela resulted in the death of a 16-year-old boy, one of the passengers of the carretela. A criminal action was filed against the taxi driver and he was convicted and sentenced accordingly. The court in the criminal case granted the petition that the right to bring a separate civil action be reserved. Thereafter the parents of the deceased brought suit for damages against the proprietor of the taxi, the employer of the taxi driver, under article 1903 of the Civil Code. Defendant contended that his liability was governed by the Revised Penal Code, according to which his responsibility was only secondary, but no civil action had been brought against the taxi driver. Held: That this separate civil action lies, the employer being primarily and directly responsible in damages under articles 1902 and 1903 of the Civil Code.2.Id.; Id.; Id.A quasi-delict or "culpa aquiliana" is a separate legal institution under the Civil Code, with a substantivity all its own, and individuality that is entirely apart and independent from a delict or crime. Upon this principle, and on the wording and spirit of article 1903 of the Civil Code, the primary and direct responsibility of employers m

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