Case Digest (G.R. No. 70493)
Facts:
Glan Peoples Lumber and Hardware, George Lim, Fabio S. Agad, Felix Lim and Paul Zacarias y Infante v. Intermediate Appellate Court; Cecilia Alferez Vda. de Calibo et al., G.R. No. 70493, May 18, 1989, Supreme Court First Division, Narvasa, J., writing for the Court.The private respondents are the widow and minor children of Engineer Orlando T. Calibo, who died in a vehicular collision on July 4, 1979; the petitioners are the truck driver Paul Zacarias y Infante and persons alleged to be owners/employers of the truck (George Lim, Fabio S. Agad, and Felix Lim) doing business as Glan Peoples Lumber and Hardware. The case arose from Civil Case No. 3283 filed in the Court of First Instance of Bohol (Branch IV, Judge Fernando S. Ruiz) by the heirs claiming damages for wrongful death against the truck driver and the alleged owners; a third‑party complaint against the truck’s insurer was also filed and the insurer was declared in default for failure to answer.
At trial the Court of First Instance, after evaluating testimonial and documentary evidence (including police investigators’ measurements and traffic reports), dismissed the complaint for insufficiency of evidence, finding the plaintiffs failed to establish defendants’ negligence and noting indicia that the jeep driven by Calibo had been “zigzagging,” that the jeep’s driver potentially had consumed alcohol, and that skid marks supported the conclusion that the truck had braked. The plaintiffs appealed to the Intermediate Appellate Court (the Court of Appeals sitting as the Intermediate Appellate Court), which on December 21, 1984 (ponente Pascual, J., with Camilon and Jurado, JJ., concurring) reversed the trial court, found Zacarias negligent (citing lane encroachment, sudden braking, and absence of a valid driver’s license), and ordered joint and solidary indemnity to the heirs (P30,000 for death; P378,000 loss of earning capacity; P15,000 attorney’s fees; costs).
The petitioners then sought relief from the Supreme Court by certiorari (appeal on certiorari), contending that the Intermediate Appellate Court d...(Subscriber-Only)
Issues:
- May the Supreme Court review and reverse the Intermediate Appellate Court’s findings of fact that ran counter to the trial court’s findings and the evidence?
- Was Paul Zacarias y Infante negligent and liable for the death of Engineer Calibo, or did the doctrine of the last clear chance and the proved facts relieve him (and his employer) of liability?
- Were petitioners Fabio S. Agad and Felix Lim properly held jointly and solidarily liable ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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