Diligence in the selection and supervision of employees

facts, it appears that the driver and his employer are liable for the New Civil Code of the Philippines which states:

causes damage to another, there being fault or negligence, is obliged fault or negligence, if there is no pre-existing contractual relation between the parties, is called a

The employer or the company is also liable pursuant to the provi- sions of Article 2180 of the same code which provides:

“The obligation imposed by Ar for one’s own acts or omissions, but also for those of the persons The owners and managers of an establishment or an enter for damages caused by their employees in the service of the branches in which the latter are employed or on the perfor

Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned -

this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to pre

Corporation vs Court of Appeals -

“In order that the defense of due diligence in the selection and supervision of employees may be deemed sufficient and plausible, it is not enough to said company guidelines and policies on hiring and supervi employee gives rise to the presumption of negligence on the part of the employer, the latter has the burden of proving that it has been diligent not only in the selection of employees but also in the actual supervi allegation of the existence of hiring procedures and supervisory policies, without anything more, is decidedly not sufficient

our holding, as a warning to all employers, that “the formulation of various company policies on safety without showing that they were being complied with is not sufficient to exempt petitioner from liability arising from negligence of its employ - tioner to show that in recruiting and employing the erring driver the recruitment procedures and company policies on efficiency

decision to your situation, the employer or the company cannot escape his liability by simply raising the fact that it has a policy on the hiring and selec for the company to be absolved from its liability, it is necessary to prove its diligence in the selection and actual supervision

be reminded that this advice is based solely on the facts you have narrated and our apprecia may vary when other facts are Editor’s note: Dear PAO is a daily column of the Public Attorney’s may be sent to dearpao@manila