Case Digest (G.R. No. L-23882)
Facts:
On August 18, 1958, near the intersection of Taft Avenue extension and Castro Street, Manila, David Epstein was struck by a Pasay-bound bus driven by Dominador Sembrano and sustained multiple fractures and lacerations. Sembrano was convicted for serious physical injuries through reckless imprudence; his conviction became final on May 5, 1961, and David Epstein filed a civil action for damages on January 23, 1959, against Sembrano and M. D. TRANSIT & TAXI CO., INC.; the Court of First Instance awarded damages against Sembrano and subsidiarily against M. D. TRANSIT & TAXI CO., INC., the Court of Appeals affirmed, and the petitioner sought review.Issues:
- Was the civil action based on a liability arising from a crime or on a quasi-delict?
- Is the judgment of conviction in the criminal case admissible and conclusive against the employer, and is the employer's alleged diligence a defense?
Ruling:
The Court affirmed the judgment of the Court of Appeals. It held that the action wa Case Digest (G.R. No. L-23882)
Facts:
- Parties and capacities
- M. D. Transit & Taxi Co., Inc. — appellant and defendant in the civil action; employer of the bus driver.
- David Epstein — plaintiff and respondent in the civil action; injured pedestrian.
- Dominador Sembrano — driver of the bus; defendant in the criminal action and in default in the civil case.
- Accident and injuries
- On August 18, 1958, at about 8:30 a.m., while crossing Taft Avenue extension near Castro Street, Manila, plaintiff was struck by a Pasay-bound bus driven by Sembrano.
- Injuries sustained by plaintiff included fracture of the left femur and right fibula and lacerations of the scalp and occipital region.
- Criminal proceedings against the driver
- Sembrano was prosecuted for serious physical injuries through reckless imprudence.
- The Court of First Instance of Manila found Sembrano guilty beyond reasonable doubt and sentenced him to imprisonment (from 1 year, 8 months and 1 day to 2 years and 4 months).
- The trial court refrained from adjudicating civil liability in that criminal case, plaintiff having reserved the right to file a separate civil action for damages.
- Sembrano appealed but later withdrew the appeal, rendering the conviction final and executory on May 5, 1961.
- Civil action for damages
- On January 23, 1959, plaintiff filed the present civil action against Sembrano and M. D. Transit & Taxi Co., Inc..
- Sembrano was declared in default. M. D. Transit answered, pleading due diligence in selection and supervision of employees and alleging plaintiff's negligence.
- At trial the plaintiff introduced the criminal conviction as the first piece of evidence.
- Trial and appellate dispositions...(Subscriber-Only)
Issues:
- Primary legal question
- Whether the civil action is based upon liability arising from a crime (civil liability incident to a criminal conviction under Articles 102 and 103 of the Revised Penal Code) or upon liability arising from a quasi-delict.
- Evidentiary and defense issues
- Whether the conviction of Sembrano in the criminal case is admissible and conclusive against the employer in the subsequent civil action.
- Whether appellant's evidence of due diligence in the selection and supervision of its employees is a valid defense when the action is predicated upon criminal liability of the employee.
- Whether plaintiff's failure to allege Sembrano's conviction or insolvency in the civil complaint impairs his ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)