Command Responsibility

In the present case, the CER’s reports of Hi-Flyer show that there were anomalies committed in the branches managed by Jumuad. On the principle ofrespondeat superior or command responsibility alone, Jumuad may be held liable for negligence in the performance of her managerial duties. She may not have been directly involved in causing the cash shortages in KFC-Bohol, but her involvement in not performing her duty monitoring and supporting the day to day operations of the branches and ensure that all the facilities and equipment at the restaurant were properly maintained and serviced, could have truly prevented the whole debacle from ever occurring.

Moreover, it is observed that rather than taking proactive steps to prevent the anomalies at her branches, Jumuad merely effected remedial measures. In the restaurant business where the health and well-being of the consuming public is at stake, this does not suffice. Thus, there is reasonable basis for Hi-Flyer to withdraw its trust in her and dismissing her from its service (Pamela Florentina P. Jumuad Vs. Hi-Flyer Food, Inc. and/or Jesus R. Montemayor,
G.R. No. 187887. September 7, 2011)