Victory liner vs heirs of malecdan case digest

Victory Liner Inc. vs. Heirs of Andres Malecdan (Gr no. 154278) Facts: Andres, a 75 year old farmer, was crossing the national highway. As he was crossing, a bus of Victory Liner, driven by Ricardo C. Joson, Jr., hit him and the carabao he was riding on which caused Andres’ death. The heirs of Andres brought a suit for damages in the RTC which held that the driver is guilty of gross negligence in the operation of his vehicle and Victory Liner, Inc. also guilty of gross negligence in the selection and supervision of Joson, Jr. In which the CA affirmed. Issue: Whether or not the Victory Liner has exercised diligence of a good father of a family in selecting and supervising its employees for them not to be liable for the act committed by Joson. Ruling: Victory Liner was not able to prove that they exercised diligence of a good father in selecting and supervising its employees. Although it has shown that they require certain requirements before they hire, they were not able to prove that Joson has more than 9 years of experience in driving. They were also not able to prove that Joson has attended any of the said seminars they required and the records of the speed meters, tickets and of the field inspectors were not shown which shows that Victory Liner was negligent in supervising Joson. Hence, Victory liner is vicariously liable under Art. 2180 of the CC.