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Separate Opinion

VILLA-REAL., J., concurring:

I concur in the result.

I am of the opinion, however, that the case at bar is governed by the provisions of article 20 in connection with article 17 of the Penal Code and article 1092 of the Civil Code, and not by the provisions of articles 1902 and 1903 of the latter Code.

Ora was a foreman of the defendants Norton and Harrison for the loading and unloading of their lumber the falling of which caused the death of the son of the plaintiff Balbino Cuison. As such foreman, Ora was the agent or employee of Norton and Harrison. In the performance of his duties as such foreman, he used the services of Francisco Bautista and Telesforo Binoya for the loading and unloading of said lumber, thus making them his employees in such work, and consequently the employees of Norton and Harrison through him.

Under the provisions of Article 20 of the Penal Code persons and corporations engaged in any kind of industry are subsidiarily liable for felonies and misdemeanors committed by their employees. There is in the complaint filed in the present action sufficient allegation that the said Francisco Bautista and Telesforo Binoya committed the crime of homicide through reckless imprudence in the handling of the lumber of Norton and Harrison and that they were the employees of said firm. Norton and Harrison are therefore civilly liable for the crime of homicide through reckless negligence committed by their said employees, such liability being of subsidiary nature.



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