Filamer Christian Institute v Hon IAC G.R. No. 7511 August 17, 1992 Gutierrez, Jr., J.

: Facts: Private respondents are the heirs of the Potenciano Kapunan. Kapunan was killed in a traffic accident involving Funtecha who is a scholar and part-time employee of petitioner. One night, Funtecha was driving petitioners vehicle with the permission of petitioners son and driver Alan Masa. In his attempt to avoid a truck, he hit a jeepney which in turn hit Kapunan. Private respondents seek for the reparation of damages but petitioner claims that it is not liable for its employees negligence because its employees action was beyond the latters responsibility. Private respondents believe otherwise; hence, this motion for reconsideration. Issue/s Whether or not petitioner is liable to pay for the damages which arose from his employees negligence. Ruling: The motion is granted. Funtecha is an employee of petitioner Filamer. He need not have an official appointment for a driver's position in order that the petitioner may be held responsible for his grossly negligent act, it being sufficient that the act of driving at the time of the incident was for the benefit of the petitioner. Hence, the fact that Funtecha was not the school driver or was not acting within the scope of his janitorial duties does not relieve the petitioner of the burden of rebutting the presumption juris tantum that there was negligence on its part either in the selection of a servant or employee, or in the supervision over him. The petitioner has failed to show proof of its having exercised the required diligence of a good father of a family over its employees Funtecha and Allan.