Case Digest (G.R. No. L-18966)
Facts:
Vicente Bantoto, et al. v. Salvador Bobis, et al., G.R. No. L-18966, November 22, 1966, the Supreme Court En Banc, Reyes, J., writing for the Court.The plaintiffs-appellees were Vicente Bantoto and Florita Lanceta, parents and heirs of the deceased three-year-old Damiana Bantoto. The defendants included driver Salvador Bobis (convicted in a criminal prosecution arising from the accident), Juan Maceda, and the vehicle owner Crispin Vallejo (the appellant).
On October 24, 1948, a jeepney owned by Vallejo and operated by driver Bobis struck Damiana in Bacolod City; she died a few days later. The City Fiscal charged Bobis with homicide through reckless imprudence. Bobis pleaded guilty and was sentenced to two months and one day of arresto mayor and ordered to indemnify the deceased’s heirs in the sum of P3,000.00 in the criminal judgment.
By amended complaint filed October 8, 1959 in Civil Case No. 5422 of the Court of First Instance of Occidental Negros, appellees sued Bobis, Maceda and Vallejo seeking to hold them solidarily liable for the civil indemnity imposed in the criminal case, plus moral and exemplary damages, attorneys’ fees and costs. Vallejo moved to dismiss for failure to state a cause of action on the ground that the complaint did not allege that Bobis was insolvent; the trial court denied the motion. Vallejo filed an answer (February 20, 1960) asserting denials and defenses including that his liability, if any, was subsidiary, that the complaint named parties not real parties in interest, and that liability had been satisfied or barred by prior judgment. Bobis was declared in default; Maceda was later absolved.
At trial the court admitted as Exhibits “A” and “B” the writ of execution issued in the criminal case and the sheriff’s return nulla bona, respectively, over Vallejo’s objections. Vallejo offered no evidence. The trial court rendered judgment against Vallejo ordering payment of P3,000.00 civil indemnity, P1,000.00 exemplary damages and P500.00 attorneys’ fees (no costs), and absolved Maceda. Vallejo appealed direc...(Pro-only)
Issues:
- Was the complaint against Crispin Vallejo subject to dismissal for failure to allege that his driver, Salvador Bobis, was insolvent?
- Were Exhibits "A" (writ of execution in the criminal case) and "B" (sheriff’s return nulla bona) improperly admitted at trial?
- Was the trial court’s award of exemplary damages and attorneys’ f...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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