Case Digest (G.R. No. 170813)
Facts:
B.F. Metal (Corporation) v. Sps. Rolando M. Lomotan and Linaflor Lomotan and Rico Umuyon, G.R. No. 170813, April 16, 2008, Supreme Court Second Division, Tinga, J., writing for the Court.Petitioner B.F. Metal Corporation (petitioner) and its driver Onofre V. Rivera were sued in a civil action filed on 27 October 1989 by respondents Spouses Rolando and Linaflor Lomotan (owners of an owner-type jeep) and Rico Umuyon (the jeep’s driver at the time of the accident) before the Regional Trial Court (RTC), Branch 72, Antipolo, Rizal, Civil Case No. 1567-A, seeking actual, moral and exemplary damages, and attorney’s fees for injuries and destruction of property allegedly caused by Rivera’s negligent overtaking of a ten-wheeler truck on 3 May 1989. The criminal RTC (Assisting Branch 74, Cainta, Rizal) later found Rivera guilty of reckless imprudence resulting in damage to property with physical injuries in Criminal Case No. 4742.
The undisputed accident facts: on the morning of 3 May 1989, Umuyon was driving the Spouses’ jeep along Felix Avenue, Cainta, Rizal, at about 20–30 kph when Rivera, driving petitioner’s ten-wheeler, overtook a car by invading the opposite lane and collided with the jeep, wrecking it and causing Umuyon multiple thoracic injuries that required 19 days’ hospitalization and impaired his ability to drive (reducing daily income from P150 to P100).
At trial respondents introduced testimony of Umuyon and several police witnesses, a 1989 cost estimate by Pagawaan Motors, Inc. (Exhibit B) valuing repairs at P96,000.00, a 1993 estimate by Fajardo Motor Works (Exhibit M) at P130,655.00, and the RTC criminal decision finding Rivera guilty. Petitioner offered Rivera and a production-control superintendent as witnesses and submitted vehicle maintenance and safety guidelines.
On 21 April 1997 the trial court rendered judgment finding Rivera negligent and petitioner negligent in selection and supervision of its employee; it ordered defendants to pay plaintiffs jointly and severally specified sums (including P96,700.00 for the cost of the jeep, P15,000.00 medical expenses, P50,000.00 loss of earnings, P100,000.00 moral, P100,000.00 exemplary damages, and P25,000.00 attorneys’ fees plus P1,000 per court appearance).
Petitioner and Rivera appealed to the Court of Appeals, which on 13 April 2005 affirmed with modification: it increased the repair-cost award to P130,655.00, adjusted medical expenses and lost earnings (to P10,167.99 and P2,850.00 respectively), and affirmed moral and exemplary damages and attorneys’ fees. The CA denied petitioner’s motion for reconsideration on 12 December 2005.
Petitioner filed a Rule 45 petition for review on certiorari before the Supreme Co...(Subscriber-Only)
Issues:
- Is a Rule 45 petition for certiorari proper where the petitioner challenges only the award of damages?
- Should the award of actual damages for the repaired owner-type jeep, based solely on job estimates, be reduced?
- Are Spouses Lomotan entitled to moral damages in addition to their compensatory award for the damaged jeep?
- Are the awards of exemplary damage...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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