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Valenzuela vs. CA [Separate Opinions , VITUG, J.]

MA. LOURDES VALENZUELA, petitioner, vs. COURT OF APPEALS, RICHARD LI and ALEXANDER COMMERCIAL, INC., respondents.

G.R. No. 115024 & G.R. No. 117944 | 1996-02-07

Separate Opinions
 
VITUG, J., concurring:
 
Pursuant to Article 21801 of the Civil Code that acknowledges responsibility under a relationship of patria potestas, a person may be held accountable not only for his own direct culpable act or negligence but also for those of others albeit predicated on his own supposed failure to exercise due care in his supervisory authority and functions. In the case of an employer, that vicarious liability attaches only when the tortious conduct of the employee relates to, or is in the course of, his employment. The question to ask should be whether, at the time of the...