Case Digest (G.R. No. 116624)
Facts:
Baliwag Transit, Inc. v. Court of Appeals, Divina Vda. de Dionisio, for herself and in behalf of her minor children Mark Angelo and Ma. Liza, both surnamed Dionisio, G.R. No. 116624, September 20, 1996, Supreme Court First Division, Bellosillo, J., writing for the Court.On 2 November 1990, at about 3:30 p.m., petitioner Baliwag Transit, Inc.’s Bus No. 117, driven by employee Juanito Fidel, was brought to its terminal on 2nd Avenue, Caloocan City, for repair of the brake system. Fidel instructed mechanic Mario Dionisio to notify the head mechanic so the necessary ordering could be done, then alighted and told the gasman to fill the tank. Shortly thereafter Fidel returned, sat in the driver’s seat, and the bus unexpectedly moved; he discovered Mario Dionisio pinned between Bus No. 117 and another bus owned by petitioner, bleeding and convulsing. Co-employees extricated Dionisio and rushed him to St. Luke’s Hospital; he died on 6 November 1990, as later evidenced by a Certificate of Death dated 22 November 1990.
Mario’s widow Divina Vda. de Dionisio, for herself and on behalf of their minor children Mark Angelo and Ma. Liza, sued Baliwag Transit and Fidel for damages before the Regional Trial Court (RTC) of Quezon City. On 3 February 1993, the RTC (presided by Judge Celia Lipana-Reyes) ordered Baliwag Transit and Fidel jointly and severally to pay P50,000.00 as death indemnity, P6,691.00 for litigation expenses, P10,000.00 for attorney’s fees, P3,000.00 for funeral expenses, and costs of suit.
Private respondents appealed to the Court of Appeals (Fourth Division). On 23 March 1994 the Court of Appeals modified the RTC judgment, awarding jointly and severally P50,000.00 as death indemnity, P1,429,050.00 for loss of earning capacity, P3,000.00 for funeral expenses, P60,000.00 for moral damages, P30,000.00 for exemplary damages, P50,000.00 for attorney’s fees, plus costs of suit; a motion for reconsideration was denied on 8 August 1994. The adverse appellate ruling led to the filing of the petition now before the Supreme Court.
...(Pro-only)Issues:
- Are petitioners Baliwag Transit, Inc. and Juanito Fidel solidarily liable for the death of Mario Dionisio despite petitioners’ claim of contributory negligence by the deceased?
- Were the awards of damages by the Court of Appeals reasonable and ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)