Case Digest (G.R. No. 219649)
Facts:
Al Dela Cruz v. Capt. Renato Octaviano and Wilma Octaviano, G.R. No. 219649, July 26, 2017, the Supreme Court Second Division, Peralta, J., writing for the Court.Petitioner Al Dela Cruz (the driver of a Honda Civic) sought review under Rule 45 of the Court of Appeals (CA) Decision dated January 30, 2014 and Resolution dated June 22, 2015 that had reversed a Regional Trial Court (RTC), Branch 275, Las Piñas City decision in a civil action for damages. Respondents are Capt. Renato Octaviano (the injured passenger) and his mother Wilma Octaviano, plaintiffs below.
On the night of April 1, 1999, at about 9:00 p.m., the Octavianos were riding in a tricycle driven by Eduardo Padilla when the Honda Civic driven by petitioner allegedly struck the rear of the tricycle along Naga Road, Las Piñas. Renato was thrown, suffered severe injuries and had his right leg amputated that same night; he later underwent lengthy hospitalization, multiple operations for bone infection and acquired a prosthesis at his expense, incurring about P623,268.00 in medical and prosthetic costs. Renato and Wilma filed a civil action for damages against petitioner and the registered owner of the Honda, Dr. Isagani Cirilo.
At trial the Octavianos presented eyewitnesses S/Sgt. Joselito Lacuesta and Antonio Fernandez, who testified to assisting the injured and observing that the driver of the Honda appeared drunk; a police spot investigation report by SPO2 Vicente Soriano indicated the Honda was “Positive for Alcoholic Breath” and described the Honda swerving and sideswiping the tricycle. Petitioner testified he had borrowed the car, flashed lights to warn the tricycle, which later accelerated, and that he stopped and transported the injured to a clinic and then to Perpetual Help Medical Center. Other witnesses included Imelda Cirilo (the owner’s wife) and traffic enforcer Renato Martinez.
The RTC, in a February 24, 2009 Decision, dismissed the Octavianos’ claim, finding petitioner’s account more credible, absolving the owner of liability (petitioner was only a family friend who borrowed the car), and imputing fault to the tricycle driver and to Renato for violating a municipal ordinance on passenger limits. The Octavianos appealed; the CA, in its January 30, 2014 Decision, reversed the RTC, found petitioner negligent (and positive for alcoholic breath per the police report), held the vehicle owner solidarily liable, and awarded medical, ...(Pro-only)
Issues:
- Are the Court of Appeals’ findings of fact conclusive and binding, or may this Court re-examine the conflicting findings between the RTC and the CA?
- Was petitioner negligent in the operation of the Honda Civic and did such negligence proximately cause Renato’s injuries?
- Did respondents fail to establish contributory negligence by the tricycle driver or Renato that would bar or reduce recovery?
- Were awards of moral and exemplary damages and at...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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