8.-dela-cruz-v.-northern_cd.docx

De La Cruz v. Northern Theatrical Enterprises Inc., 95 Phil 739 Facts: Domingo De La Cruz was hired as a special guard in a movie house operated by Northern, Inc. While on duty, De La Cruz, to defend himself, had killed Martin, who attacked the former with a bolo. De La Cruz was acquitted in the criminal charges filed against him. However, he thereafter demanded reimbursement for his litigation expenses from Northern, Inc. but was refused. De La Cruz posited that he was an agent of Northern, Inc. and that as such he was entitled to reimbursement of the expenses incurred by him in connection with the agency in accordance with the Civil Code. Issue: WON De La Cruz was an agent of Northern, Inc. Held: No, De La Cruz was not an agent of Northern, Inc. The relationship between the theater and the plaintiff was not that of principal and agent because the principle of representation was not involved. He was not employed to represent Northern, Inc. in its dealings with third parties. He was merely an employee hired to guard the cinema. The issue in this case is primarily one of employer – employee.