MANUEL v. CA (1993)
[G.R. No. 96781. October 1, 1993.]
EMILIANO MANUEL and SUPERLINES TRANSPORTATION CO., INC., Petitioners, v. HONORABLE COURT OF APPEALS,
ERNESTO A. RAMOS substituted by Goyena Z. Ramos, Grace, David, Jobet, Portia and Banjo, all surnamed RAMOS; and GOYENA
ZANAROSA-RAMOS, for herself and as Guardian Ad Litem for the minors JOBET, BANJO, DAVID and GRACE, all surnamed
RAMOS; FERNANDO ABCEDE, SR., for himself and as Guardian Ad Litem for minor FERNANDO G. ABCEDE, JR.; MIGUEL JERNZ
MAGO, as Guardian Ad Litem for minor ARLEEN R. MAGO, and ANACLETA J. ZANAROSA, Respondents.
FACTS:
Private respondents were passengers of an International Harvester Scout Car (Scout car) owned by respondent Ramos, which left Manila for Camarines Norte in the morning of December 27, 1977 with respondent Fernando Abcede, Sr. as the driver of the vehicle.chanroblesvirtualawlibrary
There was a drizzle at about 4:10 P.M. when the Scout car, which was negotiating the zigzag road in Bo. Paraiso, Sta. Elena, Camarines Norte, was hit on its left side by a bus. The bus was owned by petitioner Superlines Transportation, Co., Inc. and was driven by petitioner Emiliano Manuel. Due to the impact, the Scout car was thrown backwards against a protective railing. Were it not for the railing, the Scout car would have fallen into a deep ravine. All its ten occupants, which included four children, were injured, seven of the victims sustained serious physical injuries
Emiliano Manuel, the driver of the bus, was prosecuted for multiple physical injuries through reckless imprudence in the Municipal Court of Sta. Elena, Camarines Norte. As he could not be found after he ceased reporting for work a few days following the incident, the private respondents filed the instant action for damages based on quasi-delict.
DEFENSE:
Fernando Abcede, Jr., driver of the Scout car, who was at fault. Besides, petitioners claim that Fernando Abcede, Jr., who was only 19- years old at the time of the incident, did not have a driver’s license
DECISION OF LOWER COURTS:
(1) Court of First Instance: finding the defendant Emiliano Manuel negligent, reckless and imprudent in the operation of Superlines Bus No. 406, which was the proximate cause of the injuries suffered by the plaintiffs and damage of the Scout Car in which they were riding; (2) ordering the said defendant, jointly and solidarily, with the defendant Superlines Bus Co., Inc. to pay plaintiffs the amounts of P49,954.86, as itemized elsewhere in this decision and the costs.
(2) CA: affirmed CFI.
ISSUE:
Whether Manuel and Superlines Transportation is liable
RULING:
Yes.
The evidence with respect to the issue that Fernando Abcede, Jr. who was not duly licensed, was the one driving the Scout car at the time of the accident, could not simply exempt petitioners’ liability because they were the parties at fault for encroaching on the Scout car’s lane. Nevertheless, the witnesses presented by petitioners who allegedly saw "the younger Abcede pined behind the driver’s wheels," testified on matters that transpired after the accident. Discrediting this allegation, the Court of Appeals noted that none of the aforesaid witnesses actually saw the younger Abcede driving the car and that the younger Abcede could have simply been thrown off his seat toward the steering wheel.
While it may be accepted that some of the skid marks may have been erased by the "heavy downpour" on or about the time of the accident, it remains a possibility that not all skid marks were washed away. The strong presumption of regularity in the performance of official duty (Rule 131, Sec. 3(m), 1989 Rules on Evidence) erases, in the absence of evidence to the contrary, any suspicions that the police investigator just invented the skid marks indicated in his report.chanroblesvirtualawlibrary
Granting, however, that the skid marks in the questioned sketch were inaccurate, nonetheless, the finding of the Court of Appeals that the collision took place within the lane of the Scout car was supported by other conclusive evidence. "Indeed, a trail of broken glass which was scattered along the car’s side of the road, whereas the bus lane was entirely clear of debris.
Since the act complained of falls under the aegis of quasi-delict (culpa aquiliana), moral damages is likewise available to plaintiffs pursuant to Article 2219 also of the New Civil Code"
FACTS:
Private respondents were passengers of an International Harvester Scout Car (Scout car) owned by respondent Ramos, which left Manila for Camarines Norte in the morning of December 27, 1977 with respondent Fernando Abcede, Sr. as the driver of the vehicle.chanroblesvirtualawlibrary
There was a drizzle at about 4:10 P.M. when the Scout car, which was negotiating the zigzag road in Bo. Paraiso, Sta. Elena, Camarines Norte, was hit on its left side by a bus. The bus was owned by petitioner Superlines Transportation, Co., Inc. and was driven by petitioner Emiliano Manuel. Due to the impact, the Scout car was thrown backwards against a protective railing. Were it not for the railing, the Scout car would have fallen into a deep ravine. All its ten occupants, which included four children, were injured, seven of the victims sustained serious physical injuries
Emiliano Manuel, the driver of the bus, was prosecuted for multiple physical injuries through reckless imprudence in the Municipal Court of Sta. Elena, Camarines Norte. As he could not be found after he ceased reporting for work a few days following the incident, the private respondents filed the instant action for damages based on quasi-delict.
DEFENSE:
Fernando Abcede, Jr., driver of the Scout car, who was at fault. Besides, petitioners claim that Fernando Abcede, Jr., who was only 19- years old at the time of the incident, did not have a driver’s license
DECISION OF LOWER COURTS:
(1) Court of First Instance: finding the defendant Emiliano Manuel negligent, reckless and imprudent in the operation of Superlines Bus No. 406, which was the proximate cause of the injuries suffered by the plaintiffs and damage of the Scout Car in which they were riding; (2) ordering the said defendant, jointly and solidarily, with the defendant Superlines Bus Co., Inc. to pay plaintiffs the amounts of P49,954.86, as itemized elsewhere in this decision and the costs.
(2) CA: affirmed CFI.
ISSUE:
Whether Manuel and Superlines Transportation is liable
RULING:
Yes.
The evidence with respect to the issue that Fernando Abcede, Jr. who was not duly licensed, was the one driving the Scout car at the time of the accident, could not simply exempt petitioners’ liability because they were the parties at fault for encroaching on the Scout car’s lane. Nevertheless, the witnesses presented by petitioners who allegedly saw "the younger Abcede pined behind the driver’s wheels," testified on matters that transpired after the accident. Discrediting this allegation, the Court of Appeals noted that none of the aforesaid witnesses actually saw the younger Abcede driving the car and that the younger Abcede could have simply been thrown off his seat toward the steering wheel.
While it may be accepted that some of the skid marks may have been erased by the "heavy downpour" on or about the time of the accident, it remains a possibility that not all skid marks were washed away. The strong presumption of regularity in the performance of official duty (Rule 131, Sec. 3(m), 1989 Rules on Evidence) erases, in the absence of evidence to the contrary, any suspicions that the police investigator just invented the skid marks indicated in his report.chanroblesvirtualawlibrary
Granting, however, that the skid marks in the questioned sketch were inaccurate, nonetheless, the finding of the Court of Appeals that the collision took place within the lane of the Scout car was supported by other conclusive evidence. "Indeed, a trail of broken glass which was scattered along the car’s side of the road, whereas the bus lane was entirely clear of debris.
Since the act complained of falls under the aegis of quasi-delict (culpa aquiliana), moral damages is likewise available to plaintiffs pursuant to Article 2219 also of the New Civil Code"
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