G.R. No. 190983 - Daswani vs. Banco de Oro Universal Bank

On December 31, 2008 at about 6:30 p.m., an Isuzu Sportivo owned by Atty. Joseph Agustin Gaticales (Isuzu) and insured with Phil. Phoenix Surety & Insurance, Inc. (Phoenix) was involved in a head-on collision along the National Highway, Brgy. Gines, Zarraga, Iloilo, with a Chevrolet pickup truck owned by Vicente T. Guerrero and driven at the time by his employee Rogelio Cordero.
The Zarraga Municipal Police Station blotter (Entry No. 1327) recorded that Cordero’s Chevrolet overlapped the center line, causing the collision, and that Cordero fled the scene immediately thereafter.

Gaticales declared the Isuzu as a constructive total loss under his P810,000 insurance policy with Phoenix. Phoenix paid P810,000 and P14,150 to its adjuster, and obtained from Gaticales a Release of Claim subrogating Phoenix to all Gaticales’s rights against third parties.
Phoenix sold the damaged Isuzu at public auction for P399,050.

Phoenix attached to its Complaint: the insurance policy; police certificate (certifying the blotter entry); photos of the damaged Isuzu; disbursement voucher; Release of Claim; demand letter; and engagement letter of counsel.

Guerrero denied liability: Cordero was unauthorized to use the Chevrolet and drove without consent; Gaticales, not Cordero, was negligent; Guerrero had exercised due diligence in hiring and supervising.
At trial Phoenix presented its claims manager, Roberto Salaver, who identified the judicial affidavit, police certificate and photos. Guerrero testified in person and called his legal staff, Salvador Acsay, to prove a company policy restricting vehicle use and Cordero’s suspension for violating it.

Whether Phoenix properly proved the contents of the police blotter through the police certificate under Section 46, Rule 130 of the Rules of Court (exception to the hearsay rule).
Whether the photographs of the damaged vehicle were admissible—i.e., authenticated by the photographer or a competent witness with personal knowledge.
Whether Phoenix, absent properly admitted police records or photographs, established negligence by the driver (Cordero) or vicarious liability of Guerrero under the doctrine of res ipsa loquitur.
Whether Phoenix met its burden of proof by a preponderance of evidence to hold Guerrero and Cordero solidarily liable for the claimed amounts.