Facts:

The case involves Baliwag Transit, Inc. as the petitioner and Divina Vda. de Dionisio along with her minor children, Mark Angelo and Ma. Liza, as respondents. The incident took place on November 2, 1990, at around 3:30 PM, at the terminal of Baliwag Transit in 2nd Avenue, Caloocan City. The deceased, Mario Dionisio, worked as a mechanic for Baliwag Transit and was tasked with repairing the brakes of Bus No. 117 driven by Juanito Fidel. Juanito instructed Mario to notify the headman about the brake system problems and briefly left the bus to ask a gasman to fill the gas tank. Upon Juanito’s return, he sat in the driver’s seat, and without ensuring proper measures were taken, the bus moved and rolled forward, resulting in Mario being pinned between Bus No. 117 and another bus parked nearby. Despite immediate assistance and being rushed to St. Luke’s Hospital, Mario succumbed to his injuries on November 6, 1990. Divina, as the widow, along with her children, filed a complaint for d

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Facts:

Background of the Incident

• Mario Dionisio, a mechanic and a key earner for his dependent family (wife Divina and minor children Mark Angelo and Ma. Liza), was performing repair work on the faulty brake system of Baliwag Transit Bus No. 117 on November 2, 1990.
• The repair work was being conducted at the bus terminal on 2nd Avenue, Caloocan City, as the bus was taken in for necessary maintenance.

Sequence of Events Leading to the Accident

• Juanito Fidel, the driver of Bus No. 117, initially drove the bus to the terminal for the repair. He instructed Mario Dionisio, via an intermediary communication to the headman, regarding the repair work.
• After instructing the mechanic, Fidel alighted from the bus and directed the gasman to fill the tank.
• Upon his return, Fidel took his seat at the driver’s position. Suddenly, without proper precaution, the bus moved, resulting in the bus colliding with Mario Dionisio who was working under the vehicle.
• The impact caused Mario Dionisio to fall, sustaining severe injuries including bleeding and convulsive spasms, as he was trapped between Bus No. 117 and another bus owned by the same petitioner.
• His co-employees assisted in extricating him from the wreck, and he was rushed to St. Luke’s Hospital in Quezon City.
• Despite the emergency efforts, Mario Dionisio succumbed to his injuries on November 6, 1990, as evidenced by his Certificate of Death issued on November 22, 1990.

Subsequent Legal Proceedings

• A complaint for damages was filed by Divina Vda. de Dionisio on behalf of herself and her minor children, who were also the heirs of the deceased.
• The Regional Trial Court of Quezon City initially rendered a decision on February 3, 1993, which ordered Baliwag Transit, Inc. and its employee Juanito Fidel to pay various sums including death indemnity, litigation expenses, attorney’s fees, funeral expenses, and other costs.
• On March 23, 1994, the Court of Appeals modified the trial court’s decision, increasing the award under several heads including loss of earning capacity, moral and exemplary damages, and attorney’s fees.
• A motion to reconsider the decision of the Court of Appeals was filed on August 8, 1994, but it was denied, leading to the present petition challenging the modified award and alleged errors in the computation and application of contributory negligence.

Issue:

Liability and Negligence

• Whether the negligence of Juanito Fidel, in failing to secure the bus properly while knowing that the mechanical repairs were underway, constitutes the proximate cause of Mario Dionisio’s death.
• Whether Baliwag Transit, Inc. should be held jointly and severally liable for damages due to its failure to exercise the due diligence of a good father of a family in the selection and supervision of its employee.

Evaluation of Damages

• Whether the increased award of damages, particularly the computation for loss of earning capacity and the amounts for moral, exemplary, and attorney’s fees, is reasonable and supported by law and evidence.
• Whether the contributory negligence of the deceased, if any, should have been considered in mitigating the damages.

Legal Basis for Employer Liability

• Whether Article 2180 of the Civil Code, along with Article 2176, properly imposes liability on the employer for the quasi-delict committed by the employee.
• Whether the presumption of negligence on the part of the employer, when an employee acts negligently, is applicable in this case unless rebutted by evidence of due diligence.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)