Case Digest (G.R. No. L-28772)
Facts:
The case involves the Association of Baptists for World Evangelism, Inc. (plaintiff-appellee) and Fieldmen's Insurance Co., Inc. (defendant-appellant). The dispute arose from an incident involving a Chevrolet Carry-all, 1955 Model, owned by Reverend Clinton Bonnel and insured under a Private Car Comprehensive Policy with the defendant. The vehicle was placed at the Jones Monument Mobilgas Service Station in Davao City for sale, with the understanding that the station's operator, Rene Te, would receive a commission if sold. On January 18, 1962, Romeo Catiben, an employee at the service station and a nephew of Rene Te's wife, took the vehicle for a joy ride without permission from either the plaintiff or Rene Te. During this unauthorized use, the vehicle suffered damages amounting to P5,518.61 after colliding with an electric post. The plaintiff filed a case for indemnity for damages and attorney's fees in the Court of First Instance of Davao, where the pa...
Case Digest (G.R. No. L-28772)
Facts:
Parties Involved
- Plaintiff-Appellee: Association of Baptists for World Evangelism, Inc., a religious corporation registered under Philippine laws.
- Defendant-Appellant: Fieldmen's Insurance Co., Inc., a domestic corporation registered under Philippine laws.
Subject of the Case
- The plaintiff insured a 1955 Chevrolet Carry-all, owned by Reverend Clinton Bonnel, under Fieldmen's Insurance Co., Inc. Private Car Comprehensive Policy No. 22 JL 1107, with a coverage of up to P5,000.00.
Incident Leading to the Case
- In late 1961, the Chevrolet Carry-all was placed at the Jones Monument Mobilgas Service Station in Davao City under the care of Rene Te, the station operator, for display and sale. Rene Te and his staff were to receive a 2% commission if the vehicle was sold.
- On January 18, 1962, Romeo Catiben, a station boy and nephew of Rene Te’s wife, took the vehicle for a joy ride to Toril, Davao City, without the permission of the plaintiff, its representative Dr. Antonio Lim, or Rene Te.
- While returning to Davao City, the vehicle, due to a mechanical defect, accidentally hit an electric post, causing damages valued at P5,518.61.
Issue Before the Court
- The primary issue was whether the damage to the Chevrolet Carry-all was compensable under the insurance policy without requiring a prior criminal conviction of Romeo Catiben for theft.
Issue:
- Whether the act of Romeo Catiben in taking the vehicle for a joy ride constitutes theft under the insurance policy.
- Whether a prior criminal conviction for theft is necessary for the plaintiff to recover damages under the insurance policy.
Ruling:
The Supreme Court affirmed the judgment of the Trial Court, holding that:
- The act of Romeo Catiben in taking the vehicle without consent constitutes theft under the insurance policy.
- A prior criminal conviction for theft is not required for the plaintiff to recover damages under the insurance policy.
The Court ordered the defendant, Fieldmen's Insurance Co., Inc., to pay the plaintiff:
- P5,000.00 as indemnity for the damage to the vehicle.
- P2,000.00 for attorney's fees.
- Costs of the suit.
Ratio:
- (Unlock)