Republic of the PhilippinesREGIONAL TRIAL COURTFirst Judicial RegionBranch 3, Baguio City

Heirs of Condonuevo,Plaintiff,Civil Case No. 1223443434- versus -

Golden Knight Security Agency,Defendant,x - - - - - - - - - - - - - - - - - x

POSITION PAPERPlaintiff by the undersigned counsel and unto this Honorable Court, most respectfully submits this position paper and avers the following to wit:

PREFATORY STATEMENTThe Plaintiff in this case are the heirs of Solomon Condonuevo. The Defendant is Golden Knight Security Agency.

STATEMENT OF FACTSThe plaintiffs are the heirs of Condonuevo who was killed in a hostage incident in First Optima Realty Corp. building on F. Roman Street. Condonuevo was a lawyer who held on the first floor of the said building. Charlemaene Aton was the security guard on duty employed by the Golden Knight Security Agency. Condonuevo was taken as hostage and later killed by Aton.The lawyer was about to leave the building when he could not find his car keys. He vented his frustration to Aton which turned into a heated argument. The fight between the two men turned into a hostage situation, with Aton drawing his service firearm, detaining Condonuevo and holding him at gunpoint inside his small law office. The hostage situation lasted for more than 10 hours. Towards the end of the hostage incident, the guard shot the lawyer in the head with a .38-cal. revolver before shooting himself also in the head.ISSUES1) Whether or not Aton was negligentAccording to Art. 2176, Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. Furthermore, Article 2176 covers not only acts not punishable by law but also acts criminal in character, whether intentional and voluntary or negligent.

Negligence is the omission of that degree of diligence which is required by the nature of the obligation and corresponding to the circumstances of the persons, time and place. Aton was negligent in taking Condonuevo as hostage. As a security guard, his duty was to ensure the safety of the persons and property in the building. Atons negligence resulted to the death of Condonuevo.

2) Whether or not Golden Knight Security Agency is liable for the act of its employeeArticle 2176 provides for liability in case of fault or negligence. When the act or omission is that of one person for whom another is responsible, the latter becomes himself liable under Article 2180. The basis of this vicarious liability is also fault or negligence, which is presumed from that which accompanied the causative act or omission.Article 2180. The obligation imposed by Article 2176 is demandable not only for ones own acts or omissions, but also for those of persons for whom one is responsible. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry.In Soliman, Jr. v. Tuazon, the Supreme Court held that where the security agency recruits, hires and assigns the works of its watchmen or security guards to a client, the employer of such guards or watchmen is such agency, and not the client, since the latter has no hand in selecting the security guards.Golden Knight Security Agency is liable for the negligent act of its security guards. PRAYERWHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court, that decision be rendered, to wit:1. Declaring the Defendant primarily liable for the negligent act of Aton;2. Ordering the Defendant to pay the Plaintiffs moral, actual, and exemplary damagesOther reliefs just and equitable under the premises are also prayed for.

Republic of the PhilippinesREGIONAL TRIAL COURTFirst Judicial RegionBranch 3, Baguio City

Heirs of Condonuevo,Plaintiff,Civil Case No. 1223443434- versus -

Golden Knight Security Agency,Defendant,x - - - - - - - - - - - - - - - - - x

POSITION PAPERPlaintiff by the undersigned counsel and unto this Honorable Court, most respectfully submits this position paper and avers the following to wit:

PREFATORY STATEMENTThe Plaintiff in this case are the heirs of Solomon Condonuevo. The Defendant is Golden Knight Security Agency.

STATEMENT OF FACTSThe plaintiffs are the heirs of Condonuevo who was killed in a hostage incident in First Optima Realty Corp. building on F. Roman Street. Condonuevo was a lawyer who held on the first floor of the said building. Charlemaene Aton was the security guard on duty employed by the Golden Knight Security Agency. Condonuevo was taken as hostage and later killed by Aton.The lawyer was about to leave the building when he could not find his car keys. He vented his frustration to Aton which turned into a heated argument. The fight between the two men turned into a hostage situation, with Aton drawing his service firearm, detaining Condonuevo and holding him at gunpoint inside his small law office. The hostage situation lasted for more than 10 hours. Towards the end of the hostage incident, the guard shot the lawyer in the head with a .38-cal. revolver before shooting himself also in the head.ISSUES1) Whether or not Condonuevo acts contributed to his deathArt. 2179. When the plaintiff's own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant's lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded.Condonuevo initiated the fight by ventilating his frustrations to Aton. He was the one who caused the argument which led to his death.2) Whether or not Golden Knight Security Agency is liable for the act of its employeeDefendant insists that they exercise of due diligence in the selection and supervision of employees. The Golden Knight Security agency complied with the necessary requirements such providing trainings and seminars to their security guards. All guards prior to employment goes through a rigorous selection and mandated to pass their nueropsycholigical test.

PRAYERWHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court, that the petition be dismissed.