G.R. No. 243237 - Heirs of Mendoza vs. ES Trucking and Forwarders

On June 13, 2013, at noontime, Catalina P. Mendoza was walking along Sta. Maria Road in Zamboanga City when she was sideswiped by a 14-wheeler prime mover truck at the junction of Gov. Ramos Street.
The prime mover (body no. 5, green plate NAO 152) and its trailer (yellow plate JZA 163) belonged to ES Trucking and Forwarders, a sole proprietorship of Sumarni Asprer Ruste, and was driven by Clin Timtim, holder of professional driver’s license no. 104-99-069007.

Catalina was extricated from under the truck, brought to the hospital, and pronounced dead; her death certificate cited “Cardio-Pulmonary Arrest Sec. to Vehicular Accident.”
A criminal case (MTCC No. 50864) for Reckless Imprudence resulting in Homicide was filed and resulted in Timtim’s conviction. A separate civil case for quasi-delict (RTC No. 6538) was filed by the Heirs of Catalina against ES Trucking.

On April 21, 2016, the RTC dismissed the civil complaint for insufficient evidence and lack of cause of action.
On February 15, 2018, the Court of Appeals affirmed the dismissal.
The Heirs’ motion for reconsideration before the CA was denied on September 25, 2018; they then filed a petition for review on certiorari under Rule 45 before the Supreme Court.

Whether Clin Timtim was negligent in driving and thereby caused Catalina’s death, rendering ES Trucking liable under Article 2180 of the Civil Code.
Whether ES Trucking exercised “all the diligence of a good father of a family” in selecting and supervising Timtim.

Whether the civil action for quasi-delict may proceed independently of the criminal case for Reckless Imprudence resulting in Homicide.

Whether ES Trucking is a common carrier subject to extraordinary diligence rules and required to secure a Certificate of Public Convenience (CPC).

Whether the Heirs of Catalina are entitled to actual, civil indemnity, moral and exemplary damages, attorney’s fees, costs, and interest.