LAGUNA STATE POLYTECHNIC UNIVERSITY
Republic of the Philippines
Laguna State Polytechnic University
Lopez, Satellite Campus
Lopez, Quezon
INTRODUCTION TO INDUSTRIAL SECURITY CONCEPT
CASE DIGEST (G.R 165732)
SUBMITTED TO: SIR JOLOU A. VILORIA
SUBMITTED BY: ARISTOTLE L. ARIAS
LAGUNA STATE POLYTECHNIC UNIVERSITY
G.R NO. 165732 DECEMBER 14, 2006
SAFEGUARD SECURITY AGENCY, INC., and ADMER PAJARILLO
(PETITIONER)
V.S
LAURO TANGCO, VAL TANGCO, VERN LARRY TANGCO, VAN LAURO TANGCO, VON
LARRIE TANGCO, VIEN LARI TANGCO and VIVIEN LAURIZ TANGCO
(RESPONDENTS)
FACTS:
November 3, 1997, around 2:50 pm. Evangeline Tangco went to Bank of Ecology,
Katipunan branch, Quezon City, to renew her time deposit.
Evangeline Tangco a duly licensed firearm holder with corresponding permit to carry the
same outside her residence, approached security guard Pajarillo, who was stationed
outside the bank, and pulled out her firearm from her bag to deposit the same for
safekeeping. Suddenly, Pajarillo shot Evangeline with his service shotgun hitting her in
the abdomen instantly causing her death.
Lauro Tangco, Evangeline's husband, together with his six minor children (respondents)
filed with the Regional Trial Court (RTC) of Quezon City, a criminal case of Homicide
against Pajarillo.
January 14, 1998, respondents filed with RTC, Branch 273, Marikina City, a complaint5
for damages against Pajarillo for negligently shooting Evangeline and against Safeguard
for failing to observe the diligence of a good father of a family to prevent the damage
committed by its security guard.
ISSUES:
Whether or not the Pajarillio is guilty of negligence in shooting Evangeline.
The issues for resolution are whether Pajarillo is guilty of negligence in shooting
Evangeline; and Safeguard should be held solidarily liable for the damages awarded to
respondents.
LAGUNA STATE POLYTECHNIC UNIVERSITY
Article 2176, where it refers to "fault or negligence," covers not only acts "not
punishable by law" but also acts criminal in character, whether intentional and
voluntary or negligent.
RULING:
RTC ruled in favor to the heirs of Evangeline and held Pajarillio guilty. RTC rejected
Pajarillo's claim that he merely acted in self-defense. Upon appeal, the appealed
decision was affirmed by the C.A.
HELD:
Yes. The law presumes that any injury committed either by fault or omission of an
employee reflects the negligence of the employer. In quasi-delicts cases, to overcome
this presumption, the employer must prove that there was no negligence on his part in
the supervision of his employees.
It was declared that in the selection of employees and agents, employers are required to
examine them as to their qualifications, experience, and service records. Thus, due
diligence on the supervision and operation of employees includes the formulation of
suitable rules and regulations for the guidance of employees and the issuance of proper
instructions intended for the protection of the public and persons with whom the
employer has relations through his employees. Thus, in this case, Safeguard Security
committed negligence in identifying the qualifications and ability of its agents.
ANALYSIS:
The (RTC) Regional Trial Court did a good judgement, on the side of Pajarillio in their
appeal that his action is form of self-defense, how is that possible to considered self-
defense, the victim Evangeline didn’t do anything bad, she just want to renew her
deposit. To invoke self-defense, certain conditions must be met such as unlawful
aggression, reasonable necessity of the means employed to prevent or repel it, and lack
of sufficient provocation on the part of the person defending himself. On the part of
Evangeline, she did not provoke Pajarillio.
REACTION:
Even Mr. Pajarillio killed a person and result to homicide what he wants is to found not
guilty, Life is wonderful gift from God, how can us human beings easily taken a person
lives.
