G.R. No. 144723 - Estacion vs. Bernardo

On October 16, 1982, respondent Noe Bernardo (Noe) traveled from Cebu to Dumaguete via Bato and Tampi.
At Tampi, Noe boarded a Ford Fiera passenger jeepney owned by respondent Cecilia Bandoquillo and driven by respondent Geminiano Quinquillera. Noe sat on an extension seat placed at the center of the Fiera.
At San Jose, an elderly woman wanted to board, and Noe offered his seat. As the jeepney was full, Noe stood hanging on the left rear carrier of the vehicle.
Between kilometers 13 and 14 in Barangay Sto. NiAo, San Jose, the jeepney slowed and stopped by the right shoulder to pick up passengers.
Suddenly, an Isuzu cargo truck owned by petitioner Larry Estacion and driven by Bienvenido Gerosano (Gerosano) hit the rear left part of the jeepney where Noe was standing.
The force crushed Noe against the jeepney, injuring him severely and resulting in the amputation of his lower left leg at Silliman University Medical Center.

Police reports indicated that Noe was one of 11 injured passengers; the truck’s front right wheel left a 48-foot tire mark; only one tire mark suggested defective brakes.
On February 18, 1993, Noe, through his guardian Arlie Bernardo, filed a complaint for damages before the RTC of Dumaguete City against Estacion and Gerosano for negligence/quasi-delict.
Estacion and Gerosano denied the allegations and filed a third party complaint against Bandoquillo and Quinquillera, claiming their negligence caused the accident.
Gerosano was criminally convicted on November 16, 1987, for reckless imprudence resulting in multiple injuries and damage to property.
On February 18, 1993, the RTC ruled Gerosano and Estacion liable for damages, holding their negligence as the proximate cause; the third party complaint against Bandoquillo and Quinquillera was dismissed.
Only Estacion appealed the RTC decision to the Court of Appeals (CA), which affirmed the RTC ruling on April 17, 2000, and denied reconsideration on August 16, 2000.
Estacion filed the present petition for review on certiorari seeking annulment of the CA decision.

Whether petitioner Larry Estacion exercised due diligence of a good father of a family to prevent damages by adequately selecting and supervising his driver and maintaining the truck in roadworthy condition.
Whether the Court of Appeals erred in exonerating respondents Cecilia Bandoquillo (owner) and Geminiano Quinquillera (driver) of the Fiera jeepney from liability.
Whether petitioner and his driver’s negligence was the proximate cause of the accident, considering contributory negligence of respondent Noe and possible negligence of the jeepney driver and owner.