Professional Documents
Culture Documents
alleged that she was not liable for any damages because as
an employer, she exercised the proper diligence of a good
father of a family, both in the selection and supervision of
her bus driver.
SO ORDERED.[5]
SO ORDERED.[10]
While sustaining the trial courts findings that Venturina had
been reckless and negligent in driving the petitioners bus,
thus hitting the victim with fatal results, the appellate court,
however, found the trial courts reliance on Articles 1755 and
1756 of the Civil Code misplaced. It held that this was a
case of quasi-delict, there being no pre-existing contractual
relationship between the parties. Hence, the law on common
carriers was inapplicable. The court a quo then found the
petitioner directly and primarily liable as Venturinas
employer pursuant to Article 2180 of the Civil Code as she
failed to present evidence to prove that she has observed
the diligence of a good father of a family in the selection
and supervision of her employees.
Yambao then duly moved for reconsideration, but her
motion was denied for want of merit.[11]
Hence, this petition for review, anchored on the following
formulation of issues:
I
WHETHER OR NOT THE ALLEGATIONS AND EVIDENCE
PRESENTED BY THE PETITIONER, THE VICTIM HERMINIGILDO
ZUIGA WAS THE ONE WHO BUMPED THE BUS OWNED BY
HEREIN PETITIONER CECILIA YAMBAO AND HER HUSBAND
AND WHO DISREGARDED THE TRAFFIC RULES AND
REGULATIONS AT THE PLACE AND TIME OF THE INCIDENT
II
WHETHER OR NOT, PETITIONER CECILIA YAMBAO IS NOT
LIABLE FOR ANY DAMAGES AND THAT SHE EXERCISED THE
PROPER DILIGENCE OF A GOOD FATHER OF THE FAMILY,
BOTH IN THE SELECTION AND SUPERVISION OF HER DRIVER
AND/OR EMPLOYEE.[12]
At the outset, we must state that the first issue raised by
the petitioner is a factual one. Whether a person is negligent
or not is a question of fact,[13] which this Court cannot pass
upon in a petition for review on certiorari, as our jurisdiction
is limited to reviewing errors of law.[14] The resolution of
factual issues is the function of the trial court and its
findings on these matters are, as a general rule, binding on
this Court,[15] more so where these have been affirmed by
the Court of Appeals.[16] We have carefully examined and
weighed the petitioners arguments on the first issue
submitted, as well as the evidence on record, and find no
cogent reason to disregard the cited general rule, much less
to reverse the factual findings of the trial court as upheld by
the court a quo. Hence, we sustain the trial courts finding,
as affirmed by the Court of Appeals, that it was Venturinas
reckless and imprudent driving of petitioners bus, which is
the proximate cause of the victims death.
To our mind, therefore, the only issue before the Court
properly is whether petitioner exercised the diligence of a
good father of a family in the selection and supervision of
her employees, thus absolving her from any liability.
#4
G.R. Nos. 103442-45 May 21, 1993
NATIONAL POWER CORPORATION, ET AL., petitioners, vs.
THE COURT OF APPEALS, GAUDENCIO C. RAYO, ET AL.,
respondents.
The Solicitor General for plaintiff-appellee.
Ponciano G. Hernandez for private respondents.
DAVIDE, JR., J.:
This is a petition for review on certiorari under Rule 45 of the
Revised Rules of Court urging this Court to set aside the 19
August 1991 consolidated Decision of the Court of Appeals
in CA.-G.R. CV Nos. 27290-93 1 which reversed the Decision
of Branch 5 of the then Court of First Instance (now Regional
Trial Court) of Bulacan, and held petitioners National Power
Corporation (NPC) and Benjamin Chavez jointly and
severally liable to the private respondents for actual and
moral damages, litigation expenses and attorney's fees.
This present controversy traces its beginnings to four (4)
separate complaints 2 for damages filed against the NPC
and Benjamin Chavez before the trial court. The plaintiffs
therein, now private respondents, sought to recover actual
and other damages for the loss of lives and the destruction
1.
In Civil Case No. SM-950, ordering defendantsappellees to pay, jointly and severally, plaintiffs-appellants,
with legal interest from the date when this decision shall
become final and executory, the following:
A.
1)
Gaudencio C. Rayo, Two Hundred Thirty One
Thousand Two Hundred Sixty Pesos (P231,260.00);
2)
Bienvenido P. Pascual, Two Hundred Four Thousand
Five Hundred Pesos (P204.500.00);
3)
Tomas Manuel, One Hundred Fifty Five Thousand
Pesos (P155,000.00);
4)
Pedro C. Bartolome, One Hundred Forty Seven
Thousand Pesos (P147,000.00);.
5)
Bernardino Cruz, One Hundred Forty Three Thousand
Five Hundred Fifty Two Pesos and Fifty Centavos
(P143,552.50);
6)
Jose Palad, Fifty Seven Thousand Five Hundred Pesos
(P57,500.00);
7)
8)
Lucio Fajardo, Twenty nine Thousand Eighty Pesos
(P29,080.00); and
B.
Litigation expenses of Ten Thousand Pesos
(P10,000.00);
2.
In Civil case No. SM-951, ordering defendantsappellees to pay jointly and severally, plaintiff-appellant,
with legal interest from the date when this decision shall
have become final and executory, the following :
2)
Moral damages of One Hundred Thousand Pesos
(P100,000.00); and
A.
Actual damages of Five Hundred Twenty Thousand
Pesos (P520,000.00);.
D.
Plaintifsf-appellants litigation expenses of Ten
Thousand Pesos (P10,000.00);
B.
Moral damages of five hundred Thousand Pesos
(P500,000.00); and.
4.
In Civil case No. SM-1247, ordering defendantsappellees to pay, jointly and severally, with legal interest
from the date when this decision shall have become final
and executory :
C.
Litigation expenses of Ten Thousand Pesos
(P10,000.00);.
3.
In Civil Case No. SM-953, ordering defendantsappellees to pay, jointly and severally, with legal interest
from the date when this decision shall have become final
and executory;
A.
1)
Actual damages of One Hundred Ninety Nine
Thousand One Hundred Twenty Pesos (P199,120.00);
2)
Moral Damages of One Hundred Fifty Thousand Pesos
(P150,000.00);
B.
1)
Actual damages of Fifty Thousand Pesos
(P50,000.00);
2)
C.
1)
Actual damages of One Hundred Thousand Pesos
(P100,000.00);
A.
Plaintiffs-appellants Presentacion Lorenzo and
Clodualdo Lorenzo:
1)
Actual damages of Two Hundred Fifty Six Thousand
Six Hundred Pesos (P256,600.00);
2)
B.
1)
Actual damages of One Hundred forty Thousand
Pesos (P140,000.00);
2)
C.
1)
Actual damages of Two Hundred Five Hundred Twenty
Pesos (205,520.00); and
D.
Plaintiffs-appellants litigation expenses of Ten
Thousand Pesos (10,000.00).
In addition, in all the four (4) instant cases, ordering
defendants-appellees to pay, jointly and severally, plaintiffsappellants attorney fees in an amount equivalent to 15% of
the total amount awarded.
No pronouncement as to costs. 7
The foregoing judgment is based on the public respondent's
conclusion that the petitioners were guilty of:
. . . a patent gross and evident lack of foresight, imprudence
and negligence . . . in the management and operation of
Angat Dam. The unholiness of the hour, the extent of the
opening of the spillways, And the magnitude of the water
released, are all but products of defendants-appellees'
headlessness, slovenliness, and carelessness. The resulting
flash flood and inundation of even areas (sic) one (1)
kilometer away from the Angat River bank would have been
avoided had defendants-appellees prepared the Angat Dam
by maintaining in the first place, a water elevation which
would allow room for the expected torrential rains. 8
This conclusion, in turn, is anchored on its findings of fact, to
wit:
As early as October 21, 1978, defendants-appellees knew of
the impending onslaught of and imminent danger posed by
typhoon "Kading". For as alleged by defendants-appellees
themselves, the coming of said super typhoon was bannered
by Bulletin Today, a newspaper of national circulation, on
October 25, 1978, as "Super Howler to hit R.P." The next
day, October 26, 1978, said typhoon once again merited a
headline in said newspaper as "Kading's Big Blow expected
this afternoon" (Appellee's Brief, p. 6). Apart from the
newspapers, defendants-appellees learned of typhoon
"Kading' through radio announcements (Civil Case No. SM950, TSN, Benjamin Chavez, December 4, 1984, pp. 7-9).
Defendants-appellees doubly knew that the Angat Dam can
safely hold a normal maximum headwater elevation of 217
meters (Appellee's brief, p. 12; Civil Case No. SM-951,
Exhibit "I-6"; Civil Case No. SM-953, Exhibit "J-6"; Civil Case
No. SM-1247, Exhibit "G-6").
Yet, despite such knowledge, defendants-appellees
maintained a reservoir water elevation even beyond its
maximum and safe level, thereby giving no sufficient
allowance for the reservoir to contain the rain water that will
inevitably be brought by the coming typhoon.
On October 24, 1978, before typhoon "Kading" entered the
Philippine area of responsibility, water elevation ranged from
217.61 to 217.53, with very little opening of the spillways,
ranging from 1/2 to 1 meter. On October 25, 1978, when
typhoon "Kading" entered the Philippine area of
responsibility, and public storm signal number one was
hoisted over Bulacan at 10:45 a.m., later raised to number
two at 4:45 p.m., and then to number three at 10:45 p.m.,
water elevation ranged from 217.47 to 217.57, with very
little opening of the spillways, ranging from 1/2 to 1 meter.
On October 26, 1978, when public storm signal number
three remained hoisted over Bulacan, the water elevation
still remained at its maximum level of 217.00 to 218.00 with
very little opening of the spillways ranging from 1/2 to 2
meters, until at or about midnight, the spillways were
suddenly opened at 5 meters, then increasing swiftly to 8,
10, 12, 12.5, 13, 13.5, 14, 14.5 in the early morning hours of
October 27, 1978, releasing water at the rate of 4,500 cubic
meters per second, more or less. On October 27, 1978,
water elevation remained at a range of 218.30 to 217.05
(Civil Case No. SM-950, Exhibits "D" and series, "L", "M", "N",
and "O" and Exhibits "3" and "4"; Civil Case No. SM-951,
Exhibits "H" and "H-1"; Civil Case No. SM-953, Exhibits "I"
and "I-1"; Civil Case No. SM 1247, Exhibits "F" and "F-1").
xxx
xxx
xxx
#6
G.R. No. 145804
February 6, 2003
"II.
"III.
THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN
FINDING THAT RODOLFO ROMAN IS AN EMPLOYEE OF
LRTA."3
Petitioners would contend that the appellate court ignored
the evidence and the factual findings of the trial court by
holding them liable on the basis of a sweeping conclusion
that the presumption of negligence on the part of a common
carrier was not overcome. Petitioners would insist that
Escartins assault upon Navidad, which caused the latter to
fall on the tracks, was an act of a stranger that could not
have been foreseen or prevented. The LRTA would add that
the appellate courts conclusion on the existence of an
employer-employee relationship between Roman and LRTA
SO ORDERED.
Davide, Jr., C.J., (Chairman), Ynares-Santiago, Carpio and
Azcuna, JJ., concur.
#11
PHILIPPINE HAWKCORPORATION,
Petitioner,-versusVIVIAN TAN LEE,
Respondent.
G.R. No. 166869
Promulgated:
February 16, 2010
PERALTA, J.:
This is a Petition for Review on Certiorari[1] of the Decision
of the Court of Appeals in CA-G.R. CV No. 70860,
promulgated on August 17, 2004, affirming with
modification the Decision of the Regional Trial Court (RTC) of
Quezon City, Branch 102, dated March 16, 2001, in Civil
Case No. Q-91-9191, ordering petitioner Philippine Hawk
Corporation and Margarito Avila to jointly and severally pay
respondent Vivian Tan Lee damages as a result of a
vehicular accident.
The facts are as follows:
1.
On March 17, 1991, in Bgy. Buensoceso, Gumaca,
Quezon, plaintiff Vivian Lee Tan and her husband Silvino Tan,
while on board a motorcycle with [P]late No. DA-5480 driven
by the latter, and a Metro Bus with [P]late No. NXR-262
driven by Margarito Avila, were involved in an accident;
2.
As a result of the accident, Silvino Tan died on the spot
while plaintiff Vivian Lee Tan suffered physical injuries which
necessitated medical attention and hospitalization;
3.
The deceased Silvino Tan is survived by his wife,
plaintiff Vivian Lee Tan and four children, three of whom are
now residents of the United States; and
4.
Defendant Margarito Avila is an employee of
defendant Philippine Hawk.[6]
1.
Whether or not the proximate cause of the accident
causing physical injuries upon the plaintiff Vivian Lee Tan
and resulting in the death of the latters husband was the
recklessness and negligence of Margarito Avila or the
deceased Silvino Tan; and
2.
Whether or not defendant Philippine Hawk Transport
Corporation exercised the diligence of a good father of the
family in the selection and supervision of its driver Margarito
Avila.[7]
court stated that since Avila saw the motorcycle before the
collision, he should have stepped on the brakes and slowed
down, but he just maintained his speed and veered to the
left.[20] The trial court found Margarito Avila guilty of simple
negligence.
The trial court held petitioner bus company liable for failing
to exercise the diligence of a good father of the family in the
selection and supervision of Avila, having failed to
sufficiently inculcate in him discipline and correct behavior
on the road.[21]
On appeal, the Court of Appeals affirmed the decision of the
trial court with modification in the award of damages. The
dispositive portion of the decision reads:
#18
Pdf
#22
DR. MILAGROS L. CANTRE, Petitioner,
II.
WHETHER OR NOT THE LOWER COURT COMMITTED GRAVE
ABUSE OF ITS DISCRETION WHEN, CONTRARY TO
PREPONDERANCE OF EVIDENCE PRESENTED BY THE
PETITIONER, IT RULED THAT THE PETITIONER HAS NOT
AMPLY SHOWED THAT THE DROPLIGHT DID NOT TOUCH THE
BODY OF MRS. NORA GO, AND THIS DECISION OF THE
LOWER COURT WAS UPHELD BY THE COURT OF APPEALS
LIKEWISE COMMITTING GRAVE ABUSE OF DISCRETION;
III.
WHETHER OR NOT THE LOWER COURT COMMITTED GRAVE
ABUSE OF ITS DISCRETION WHEN, CONTRARY TO
PREPONDERANCE OF EVIDENCE PRESENTED BY THE
PETITIONER, IT RULED THAT PETITIONER DRA. CANTRE WAS
NOT ABLE TO AMPLY EXPLAIN HOW THE INJURY (BLISTERS)
IN THE LEFT INNER ARM OF RESPONDENT MRS. GO CAME
ABOUT;
IV.
V.
VIII.
WHETHER OR NOT THE LOWER COURT GRAVELY ABUSE OF
(SIC) DISCRETION WHEN, CONTRARY TO RESPONDENTS
CONTRARY TESTIMONIES AND THE ABSENCE OF ANY
No pronouncement as to costs.
SO ORDERED.
#25
G.R. No. L-37120
ESCOLIN, J.:
Put to test in this petition for review on certiorari is the
sufficiency of the averments contained in the complaint for
alleged breach of contract filed by petitioner Victorino D.
Magat against respondent Santiago A. Guerrero in Civil Case
No. 17827 of the Court of First Instance of Rizal, presided by
respondent Judge Leo D. Medialdea, now Deputy Judicial
Administrator, which complaint was dismissed for failure to
state a cause of action.
The pertinent allegations in the complaint, subject of
inquiry, are as follows: 1
3.
That sometime in September 1972, the defendant
entered into a contract with the U.S. Navy Exchange, Subic
Bay, Philippines, for the operation of a fleet of taxicabs,
4.
That Isidro Q. Aligada, acting as agent of the
defendant herein conducted the necessary project studies
on how best the defendant may meet the requirements of
his contract with the U.S. Navy Exchange, Subic Bay,
Philippines, and because of the experience of the plaintiff in
connection with his various, contracts with the U.S. Navy,
Subic Bay, Philippines, and his goodwill already established
with the Naval personnel of Subic Bay, Philippines,
especially in providing the U.S. Navy with needed materials
or goods on time as specified by the U.S. Navy, be they of
local origin or imported either from the United States or
from Japan, the said Isidro Q. Aligada approached the
plaintiff herein in behalf of the defendant and proposed to
import from Japan thru the plaintiff herein or thru plaintiff's
Japanese business associates, all taximeters and radio
transceivers needed by the defendant in connection with his
contract with the U.S. Navy Exchange, Subic Bay,
Philippines;
5.
That the defendant herein and his aforesaid agent
Isidro Q. Aligada were able to import from Japan with the
assistance of the plaintiff and his Japanese business
associates the necessary taximeters for defendant's
taxicabs in partial fulfillment of defendant's commitments
with the U.S. Navy Exchange, Subic Bay, Philippines, the
plaintiff's assistance in this matter having been given to the
defendant gratis et amore;
6.
That Isidro Q. Aligada, also acting as agent of the
defendant, made representations with the plaintiff herein to
the effect that defendant desired to procure from Japan thru
the plaintiff herein the needed radio transceivers and to this
end, Isidro Q. Aligada secured a firm offer in writing dated
September 25, 1972, a copy of which is hereto attached
marked as Annex 'A' and made an integral part of this
complaint, wherein the plaintiff quoted in his offer a total
price of $77,620.59 [U.S. dollars] FOB Yokohama, the goods
or articles therein offered for sale by the plaintiff to the
defendant to be delivered sixty to ninety [60-90] days after
receipt of advice from the defendant of the radio frequency
assigned to the defendant by the proper authorities;
7.
That the plaintiff received notice of the fact that the
defendant accepted plaintiff's offer to sell to the defendant
the items specified in Annex 'A', as well as the terms and
conditions of said offer, as shown by the signed conformity
of the defendant appearing on Annex 'A' which was duly
delivered by the defendant's agent to the plaintiff herein,
whereupon all that the plaintiff had to do in the meantime
was to await advice from the defendant as to the radio
frequency to be assigned by the proper authorities to the
defendant;
8.
That believing that the defendant would faithfully
fulfill his contract with the plaintiff herein, considering his
signed conformity appearing in Annex 'A' hereof as well as
the letter dated October 4, 1972, of his agent
aforementioned which is attached hereto and marked as
Annex 'B' and made an integral part of this complaint, and
in order that plaintiff's promised delivery would not be
delayed, the plaintiff herein took steps to advise the
Japanese entity entrusted with the manufacture of the items
listed in Annex 'A' to the effect that the contract between
10.
That by his letter dated October 7, 1972, addressed
to the plaintiff by the defendant's agent, a copy of which is
hereto attached and marked as Annex 'D', defendant's
agent qualified defendant's instructions contained in his
letter of October 6, 1972 [Annex 'C'] in the sense that
plaintiff herein should proceed to fulfill defendant's order
only upon receipt by the plaintiff of the defendant's letter of
credit;
11.
That it being normal business practice in case of
foreign importation that the buyer opens a letter of credit in
favor of the foreign supplier before delivery of the goods
sold, the plaintiff herein awaited the opening of such a letter
of credit by the defendant;
12.
That the defendant and his agent have repeatedly
assured plaintiff herein of the defendant's financial
capabilities to pay for the goods ordered by him and in fact
he accomplished the necessary application for a letter of
credit with his banker, but he subsequently instructed his
[a]
As the radio transceivers ordered by the defendant
are now in the hands of the plaintiff's Japanese
representative, the plaintiff will have to pay for them, thus
he will have to suffer as total loss to him the amount of
P523,938.98 (converting the amount of $77,620.59 to pesos
at the rate of P6.75 to the dollar) as said radio transceivers
were purposely made or manufactured solely for the use of
the defendant herein and cannot possibly be marketed by
the plaintiff herein to the general public;
[b]
The amount of P 52,393.89 or 10% of the purchase
price by way of loss of expected profits from the transaction
or contract between plaintiff and the defendant;
[c]
Loss of confidence in him and goodwill of the plaintiff
which will result in the impairment of his business dealings
with Japanese firms, thereby resulting also in loss of possible
profits in the future which plaintiff assess at no less than
P200,000.00;
[d]
That in view of the defendant's bad faith in inducing
plaintiff to enter into the contract with him as set forth
hereinabove, defendant should be assessed by his
Honorable Court in favor of the plaintiff the sum of
P200,000.00 as moral and exemplary damages;
[e]
That in view of the defendant's fault and to protect
his interests, plaintiff herein is constrained to retain the
services of counsel with whom he agreed to pay by way of
attorney's fees the sum of P50,000.00".
Respondent Guerrero filed a motion to dismiss said
complaint for lack of cause of action, which ground is
propounded by respondent's counsel thus: 2