Case Digest (G.R. No. 127326)
Facts:
Benguet Electric Cooperative, Inc. v. Court of Appeals, Caridad O. Bernardo as Guardian ad Litem for Minors Jojo, Jeffrey and Jo-an, all surnamed Bernardo, and Guillermo Canave, Jr., G.R. No. 127326, December 23, 1999, Supreme Court Second Division, Bellosillo, J., writing for the Court.Petitioner Benguet Electric Cooperative, Inc. (BENECO) is the defendant-appellant; private respondents are Caridad O. Bernardo, suing as guardian ad litem for the minor children Jojo, Jeffrey and Jo-an (the Bernardos), and Guillermo Canave, Jr., the jeepney owner who was impleaded as a third-party defendant. The Bernardos sued BENECO for damages arising from the electrocution and death of Jose Bernardo.
On 14 January 1985 Jose Bernardo, who had managed a meat stall at the Baguio City market for about five years, grasped the handlebars of a parked jeepney to board it when he suddenly stiffened and was observed turning black; he slumped and later died in hospital. Investigation attributed his death to electrocution: the jeepney antenna became entangled with an exposed live splice between a service drop line and the service entrance conductor located above a stall. Evidence showed the splice was only some eight feet above ground, in contravention of the vertical clearance required by the Philippine Electrical Code, and the connection was uninsulated and exposed for years.
On 6 February 1985 Caridad O. Bernardo, individually and as guardian ad litem, filed suit against BENECO before the Regional Trial Court (RTC) of Baguio City; BENECO filed a third-party complaint against Canave. In its 15 August 1994 decision the RTC (Judge Salvador J. Valdez, Jr.) ruled for the Bernardos and ordered BENECO to pay P30,000 as indemnity for death, P100,000 moral damages, P20,000 attorney’s fees and costs, while dismissing BENECO’s counterclaim and third-party action. Both parties appealed to the Court of Appeals (CA-G.R. CV No. 4857); the Court of Appeals promulgated its decision on 5 November 1996 (ponente Justice Salome A. Montoya), affirming with modification the RTC and ordering additional awards including P864,000 for net income loss, and dismissing counterclaims for lack of merit.
BENECO sought review on certiorari...(Pro-only)
Issues:
- Was BENECO liable for the electrocution and death of Jose Bernardo, or was the proximate and sole cause the negligence of jeepney owner Guillermo Canave, Jr.?
- Was the Court of Appeals’ award of P864,000.00 as net income loss (for thirty years) to the Bernardos proper?
- May exemplary damages be awarded although the amount was not specifically alleged in the complaint under Rule 11 of the Interim Rules and Guidelines implementing BP 129?
- Were moral damages and attorney’s fees pr...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)