Africa vs. Caltex Philippines, Inc.

16 SCRA 448

FACTS:

In the afternoon of March 18, 1948 a fire broke out at the Caltex Service Station at the
corner of Antipolo Street and Rizal Avenue, Manila. It started while gasoline was being
hosed from a tank truck into the underground storage right at the opening of the receiving
tank where the nozzle of the hose was inserted. The fire then burned several houses
including the petitioners (Spouses Bernabe and Soledad Africa, and the heirs of Dominga
Ong). They sued Caltex and Mateo Boquiren (the agent in-charge of the operation). The
gasoline station with all its appliances, equipment and employees was under the control
of the appellees and their employees but they gave no explanation thereof.

ISSUE:

Whether or not Mateo Boquiren was an independent contractor of Caltex?

HELD:

NO. The Supreme Court affirmed the findings of the Court of Appeals that the operator
was an agent of the company. Taking into considerations of the following: (1) Caltex has
cotrol over Baquiren and the company could remove him or teminate his services; (2) he
only sells the products of the company; (3) equipment in the station belonged to the
company and loaned only to him; (4) repairs and maintenance were conducted by Caltex;
(5) prices were fixed by Caltex; and (6) the receipt he signed indicated only that he was
a mere agent.