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VITUG, J., concurring:

Pursuant to Article 2180 ¹ of the Civil Code that acknowledges responsibility under a relationship of patria potestas, a person may be held accountable not only for his own direct culpable act or negligence but also for those of others albeit predicated on his own supposed failure to exercise due care in his supervisory authority and functions. In the case of an employer, that vicarious liability attaches only when the tortious conduct of the employee relates to, or is in the course of, his employment. The question to ask should be whether, at the time of the damage or injury, the employee is engaged in the affairs or concerns of the employer or, independently, in that of his own. While an employer incurs no liability when an employees conduct, act or omission is beyond the range of employment, ² a minor deviation from the assigned task of an employee, however, does not affect the liability of an employer. ³

¹ "Art. 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.

"(1) The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company.

"(2) Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company.

"(3) The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions.

"(4) Employers shall be liable for the damage caused by their employees and household helps acting within the scope of their assigned task, even though the former are not engaged in any business or industry.

"(5) The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in Article 2176 shall be applicable.

"(6) Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody.

"The responsibility treated of in this article shall be when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. "(Italics supplied.)

² See Marquez vs. Castillo, 68 Phil. 568.

³ See De Leon Brokerage Co., Inc. vs. Court of Appeals, et al., (4 SCRA 517); see also J.C.S. Sangco, Philippine Law on Torts and Damages, Vol. II, 1994 Revised ed., pp. 572-573.