Case Digest (G.R. No. 219686)
Facts:
Gil Apolinario v. Heirs of Francisco De Los Santos, G.R. No. 219686, November 27, 2024, Supreme Court First Division, Hernando, J., writing for the Court. Petitioner is Gil Apolinario (a public elementary school principal); respondents are the Heirs of Francisco De los Santos, represented by Edwin De los Santos.On July 4, 1998, around 7:30 a.m., 15–16‑year‑old Rico Villahermosa (a pupil of Barangay Palale Elementary School) was instructed by Apolinario during a school activity (pintakasi) to cut a banana plant located outside the school fence across Maharlika Highway. The falling plant struck Francisco De los Santos while he was riding a motorcycle, causing severe head injuries; Francisco died on July 8, 1998. The Heirs sued Apolinario and Teresita (Rico’s mother), alleging negligence and seeking damages for medical and funeral expenses, loss of earning capacity, moral and exemplary damages, attorney’s fees and litigation costs. Rico himself was not impleaded as defendant.
At trial the Regional Trial Court (RTC), Branch 31, Calbayog City, found Apolinario primarily liable under quasi‑delict and family‑law provisions and awarded various damages including PHP 428,880 as loss of earning capacity; Teresita’s liability was treated as subsidiary. Apolinario appealed to the Court of Appeals (CA).
The CA, in a May 28, 2014 decision, affirmed the RTC’s finding of negligence and most awards but deleted exemplary damages and attorney’s fees; its June 24, 2015 resolution denied Apolinario’s motion for reconsideration. Apolinario filed a Petition for Review on Certiorari under Rule 45 to the Supreme Court, challenging (1) the i...(Pro-only)
Issues:
- Is Apolinario, to the exclusion of Teresita, principally liable for damages to the Heirs of Francisco?
- Is the award of PHP 428,880.00 for loss of earning capacity in accordance with law and jur...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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