Digest - Mamaril

SPOUSES MAMARIL v.
BOY SCOUTS
OF THE PHILIPPINES
G.R. No. 179382
FACTS: Spouses Benjamin and Sonia
Mamaril are jeepney operators. They
would park their six (6) passenger
jeepneys every night at the Boy Scout of
the Philippines' (BSP) compound for a fee
of P300.00 per month for each unit. One
morning after all such vehicles were
parked inside the BSP compound, one of
the vehicles was missing and was never
recovered. According to the security
guards Cesario Pea (Pea) and Vicente
Gaddi (Gaddi) of AIB Security Agency, Inc.
(AIB) with whom BSP had contracted for
its security and protection, a male person
who looked familiar to them took the
subject vehicle out of the compound. Sps.
Mamaril filed a complaint for damages
before the Regional Trial Court (RTC)
against BSP, AIB, Pea and Gaddi. The
RTC decided in favor of the Sps. Mamaril.
The Court of Appeals modified the RTCs
decision and absolved BSP from any
liability.
ISSUE: WON BSP is liable for the loss of
one of the vehicles owned by the Sps.
Mamaril.
RULING: No, BSP is not liable. It is
undisputed that the proximate cause of
the loss of Sps. Mamaril's vehicle was the
negligent act of security guards Pea and
Gaddi in allowing an unidentified person
to drive out the subject vehicle. Pea and
Gaddi were assigned as security guards
by AIB to BSP pursuant to a Guard
Service Contract. Clearly, no employeremployee relationship existed between
BSP and the security guards assigned in
its premises. Consequently, the latter's
negligence cannot be imputed against
BSP but should be attributed to AIB, the
true employer of Pea and Gaddi.
Nor can it be said that a principal-agent
relationship existed between BSP and the
security guards Pea and Gaddi as to
make the former liable for the latter's
complained act. The basis for agency is
representation, which element is absent
in the instant case. Records show that
BSP merely hired the services of AIB,
which, in turn, assigned security guards,
solely for the protection of its properties
and premises. Nowhere can it be inferred
in the Guard Service Contract that AIB
was appointed as an agent of BSP.
Instead, what the parties intended was a
pure principal-client relationship whereby
for a consideration, AIB rendered its

security services to BSP.
Furthermore, Article 1311 of the Civil
Code states, Contracts take effect only
between the parties, their assigns and
heirs, except in case where the rights and
obligations arising from the contract are
not transmissible by their nature, or by
stipulation or by provision of law. The heir
is not liable beyond the value of the
property he received from the decedent.
If a contract should contain some
stipulation in favor of a third person, he
may demand its fulfillment provided he
communicated his acceptance to the
obligor before its revocation. A mere
incidental benefit or interest of a person
is not sufficient. The contracting parties
must have clearly and deliberately
conferred a favor upon a third person.
Thus, in order that a third person
benefited by the second paragraph of
Article 1311, referred to as a stipulation
pour autrui, may demand its fulfillment,
the following requisites must concur: (1)
There is a stipulation in favor of a third
person; (2) The stipulation is a part, not
the whole, of the contract; (3) The
contracting
parties
clearly
and
deliberately conferred a favor to the third
person - the favor is not merely
incidental; (4) The favor is unconditional
and uncompensated; (5) The third person
communicated his or her acceptance of
the favor before its revocation; and (6)
The contracting parties do not represent,
or are not authorized, by the third party.
None of the foregoing elements obtains in
this case. It is undisputed that Sps.
Mamaril are not parties to the Guard
Service Contract. Neither did the subject
agreement contain any stipulation pour
autrui. And even if there was, Sps.
Mamaril did not convey any acceptance
thereof. Thus, under the principle of
relativity of contracts, they cannot validly
claim any rights or favor under the said
agreement. First, the Guard Service
Contract between BSP and AIB Security
Agency is purely between the parties
therein. Also, there is absolutely nothing
in the said contract that would indicate
any obligation and/or liability on the part
of the parties therein in favor of third
persons such as the Sps. Mamaril.
Moreover, the contract between the
parties herein was one of lease as defined
under the Civil Code. It has been held
that the act of parking a vehicle in a
garage, upon payment of a fixed amount,

is a lease. Even in a majority of American
cases, it has been ruled that where a
customer simply pays a fee, parks his car
in any available space in the lot, locks the
car and takes the key with him, the
possession and control of the car,
necessary elements in bailment, do not
pass to the parking lot operator, hence,
the contractual relationship between the
parties is one of lease.
Article 1654 of the Civil Code provides
that "the lessor (BSP) is obliged: (1) to
deliver the thing which is the object of the
contract in such a condition as to render
it fit for the use intended; (2) to make on
the same during the lease all the
necessary repairs in order to keep it
suitable for the use to which it has been

devoted, unless there is a stipulation to
the contrary; and (3) to maintain the
lessee in the peaceful and adequate
enjoyment of the lease for the entire
duration of the contract." In relation
thereto, Article 1664 of the same Code
states that "the lessor is not obliged to
answer for a mere act of trespass which a
third person may cause on the use of the
thing leased; but the lessee shall have a
direct action against the intruder." Here,
BSP was not remiss in its obligation to
provide Sps. Mamaril a suitable parking
space for their jeepneys as it even hired
security guards to secure the premises;
hence, it should not be held liable for the
loss suffered by Sps. Mamaril.

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SPOUSES MAMARIL v.

for a consideration, AIB rendered its

garage, upon payment of a fixed amount,

suitable for the use to which it has been

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