SANITARY STEAM LAUNDRY, INC V CA (1998)
[G.R. No. 119092. December 10, 1998]
SANITARY STEAM LAUNDRY, INC., petitioner, vs. THE COURT OF APPEALS, NICANOR BERNABE III, JOSEFINA BERNABE, in their individual capacities and as HEIRS OF JASON BERNABE, JOHN JOSEPH BERNABE, VICTOR IGNACIO, JULIETA ENRIQUEZ and RAMON ENRIQUEZ, RENE TABLANTE, LEOMAR MACASPAC, JR., CHARITO ESTOLANO, NENITA SALUNOY, in their individual capacities and as HEIRS OF DALMACIO SALUNOY, respondents.
FACTS:
This case involves a collision between a Mercedes Benz panel truck of petitioner Sanitary Steam Laundry and a Cimarron which caused the death of three persons and the injuries of several others. The accident took place at the Aguinaldo Highway in Imus, Cavite on August 31, 1980. All the victims were riding in the Cimarron. One of those who died was the driver.
The passengers of the Cimarron were mostly employees of the Project Management Consultants, Inc. (PMCI). They had just visited the construction site of a company project at Lian, Batangas. The other passengers were family members and friends whom they invited to an excursion to the beach after the visit to the construction site. The group stayed at Lian beach until 5:30 p.m., when they decided to go back to Manila. It appears that at about 8:00 p.m., as it was traveling along Aguinaldo Highway in Imus, Cavite on its way back to Manila, the Cimarron was hit on its front portion by petitioner’s panel truck, bearing Plate No. 581 XM, which was traveling in the opposite direction. The driver, Herman Hernandez, claimed that a jeepney in front of him suddenly stopped. He said he stepped on the brakes to avoid hitting the jeepney and that this caused his vehicle to swerve to the left and encroach on a portion of the opposite lane. As a result, his panel truck collided with the Cimarron on the north-bound lane.
DECISION OF LOWER COURTS:
(1) RTC – Makati: found petitioner’s driver to be responsible for the vehicular accident and accordingly held petitioner liable to private respondents for P472,262.30 in damages and attorney’s fees.
(2) CA - affirmed in toto.
Defenses:
1. The Cimarron was overloaded because there were from 20 to 25 passengers inside when the passenger capacity of the vehicle was only 17.
2. The front seat of the Cimarron was occupied by four adults, including the driver.
3. The Cimarron had only one headlight on (its right headlight) as its left headlight was not functioning.
ISSUE:
Whether petitioner is liable
RULING:
Yes. it has not been shown how the alleged negligence of the Cimarron driver contributed to the collision between the vehicles. Indeed, petitioner has the burden of showing a causal connection between the injury received and the violation of the Land Transportation and Traffic Code. He must show that the violation of the statute was the proximate or legal cause of the injury or that it substantially contributed thereto. Negligence, consisting in whole or in part, of violation of law, like any other negligence, is without legal consequence unless it is a contributing cause of the injury. mere allegations such as these are not sufficient to discharge its burden of proving clearly that such alleged negligence was the contributing cause of the injury.
even if both headlights of the Cimarron were lighted, it would have been bumped just the same because the driver of the panel truck could not stop despite the fact that he applied the brakes. Petitioner’s contention that because of “decreased visibility,” caused by the fact that the Cimarron allegedly had only one headlight on, its driver failed to see the Cimarron is without any basis in fact. Only its driver claimed that the Cimarron had only one headlight on. The police investigator did not state in his report or in his testimony that the Cimarron had only one headlight on.
There is nothing in the testimonies of the passengers of the Cimarron, particularly Charito Estolano, who was seated in front, which suggest that the driver had no elbow room for maneuvering the vehicle. We are convinced that no “maneuvering” which the Cimarron driver could have done would have avoided a collision with the panel truck, given the suddenness of the events. Clearly, the overcrowding in the front seat was immaterial.
SANITARY STEAM LAUNDRY, INC., petitioner, vs. THE COURT OF APPEALS, NICANOR BERNABE III, JOSEFINA BERNABE, in their individual capacities and as HEIRS OF JASON BERNABE, JOHN JOSEPH BERNABE, VICTOR IGNACIO, JULIETA ENRIQUEZ and RAMON ENRIQUEZ, RENE TABLANTE, LEOMAR MACASPAC, JR., CHARITO ESTOLANO, NENITA SALUNOY, in their individual capacities and as HEIRS OF DALMACIO SALUNOY, respondents.
FACTS:
This case involves a collision between a Mercedes Benz panel truck of petitioner Sanitary Steam Laundry and a Cimarron which caused the death of three persons and the injuries of several others. The accident took place at the Aguinaldo Highway in Imus, Cavite on August 31, 1980. All the victims were riding in the Cimarron. One of those who died was the driver.
The passengers of the Cimarron were mostly employees of the Project Management Consultants, Inc. (PMCI). They had just visited the construction site of a company project at Lian, Batangas. The other passengers were family members and friends whom they invited to an excursion to the beach after the visit to the construction site. The group stayed at Lian beach until 5:30 p.m., when they decided to go back to Manila. It appears that at about 8:00 p.m., as it was traveling along Aguinaldo Highway in Imus, Cavite on its way back to Manila, the Cimarron was hit on its front portion by petitioner’s panel truck, bearing Plate No. 581 XM, which was traveling in the opposite direction. The driver, Herman Hernandez, claimed that a jeepney in front of him suddenly stopped. He said he stepped on the brakes to avoid hitting the jeepney and that this caused his vehicle to swerve to the left and encroach on a portion of the opposite lane. As a result, his panel truck collided with the Cimarron on the north-bound lane.
DECISION OF LOWER COURTS:
(1) RTC – Makati: found petitioner’s driver to be responsible for the vehicular accident and accordingly held petitioner liable to private respondents for P472,262.30 in damages and attorney’s fees.
(2) CA - affirmed in toto.
Defenses:
1. The Cimarron was overloaded because there were from 20 to 25 passengers inside when the passenger capacity of the vehicle was only 17.
2. The front seat of the Cimarron was occupied by four adults, including the driver.
3. The Cimarron had only one headlight on (its right headlight) as its left headlight was not functioning.
ISSUE:
Whether petitioner is liable
RULING:
Yes. it has not been shown how the alleged negligence of the Cimarron driver contributed to the collision between the vehicles. Indeed, petitioner has the burden of showing a causal connection between the injury received and the violation of the Land Transportation and Traffic Code. He must show that the violation of the statute was the proximate or legal cause of the injury or that it substantially contributed thereto. Negligence, consisting in whole or in part, of violation of law, like any other negligence, is without legal consequence unless it is a contributing cause of the injury. mere allegations such as these are not sufficient to discharge its burden of proving clearly that such alleged negligence was the contributing cause of the injury.
even if both headlights of the Cimarron were lighted, it would have been bumped just the same because the driver of the panel truck could not stop despite the fact that he applied the brakes. Petitioner’s contention that because of “decreased visibility,” caused by the fact that the Cimarron allegedly had only one headlight on, its driver failed to see the Cimarron is without any basis in fact. Only its driver claimed that the Cimarron had only one headlight on. The police investigator did not state in his report or in his testimony that the Cimarron had only one headlight on.
There is nothing in the testimonies of the passengers of the Cimarron, particularly Charito Estolano, who was seated in front, which suggest that the driver had no elbow room for maneuvering the vehicle. We are convinced that no “maneuvering” which the Cimarron driver could have done would have avoided a collision with the panel truck, given the suddenness of the events. Clearly, the overcrowding in the front seat was immaterial.
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