Title
Malayan Insurance Co., Inc. vs. Court of Appeals
Case
G.R. No. L-36413
Decision Date
Sep 26, 1988
A 1967 car accident involving a jeep and a bus led to a damages suit. The Supreme Court ruled that the jeep owner and the driver's employer were solidarily liable, while the insurer's liability was contractual, entitling it to reimbursement from the employer.

Case Digest (G.R. No. L-36413)

Facts:

  • Insurance Policy
    • On March 29, 1967, Malayan Insurance Co., Inc. issued Private Car Comprehensive Policy No. MRO/PV-15753 in favor of Sio Choy, effective April 18, 1967 to April 18, 1968, covering a Willys jeep (Motor No. ET-03023, Serial No. 351672, Plate No. J-21536).
    • Coverage included “own damage” up to ₱600.00 and “third-party liability” up to ₱20,000.00.
  • Accident and Initial Suit
    • On December 19, 1967 at about 3:30 PM, the insured jeep, driven by Juan P. Campollo (employee of San Leon Rice Mill, Inc.), collided with a Pangasinan Transportation Co. bus in Barrio San Pedro, Rosales, Pangasinan.
    • Injuries and damage prompted Martin C. Vallejos (passenger) to file Civil Case No. U-2021 for damages against Sio Choy, Malayan Insurance, and PANTRANCO. He claimed: medical/hospital expenses (₱15,000), lost income (₱6,000), actual/moral/compensatory damages (₱51,000), and attorney’s fees (₱5,000).
  • Defenses, Cross-claim, Third-Party Complaint
    • PANTRANCO denied liability, alleging the jeep’s excessive speed and the bus’s lawful stop; it claimed due diligence.
    • Sio Choy and Malayan Insurance denied fault, attributing blame to PANTRANCO. Sio Choy filed a cross-claim against Malayan Insurance for indemnity under the policy.
    • Malayan Insurance filed a third-party complaint against San Leon Rice Mill, Inc., invoking employer liability (Art. 2180, Civil Code) for driver Campollo’s negligence, and sought indemnity for any payments made.
  • Trial Court Decision
    • The Court of First Instance awarded Martin C. Vallejos:
      • ₱4,103.00 as actual damages
      • ₱18,000.00 for unearned income (3 years)
      • ₱5,000.00 as moral damages
      • ₱2,000.00 as attorney’s fees
– Total ₱29,103.00, plus costs, jointly and severally against Sio Choy, Malayan Insurance (limited to ₱20,000.00), and San Leon Rice Mill, Inc.
  • PANTRANCO’s counterclaim was dismissed for lack of proof.
  • Court of Appeals Decision
    • Affirmed joint and several liability of Sio Choy, San Leon Rice Mill, Inc., and Malayan Insurance (₱20,000.00 cap).
    • Held San Leon Rice Mill, Inc. not liable to indemnify Malayan Insurance due to lack of privity in the insurance contract.
  • Supreme Court Proceedings
    • Malayan Insurance petitioned for review of the non-indemnity ruling against San Leon Rice Mill, Inc.
    • Supreme Court limited review to the insurer’s right of reimbursement; directed execution of the award to Vallejos pending its determination.

Issues:

  • Whether Malayan Insurance Co., Inc. can be held solidarily liable with Sio Choy and San Leon Rice Mill, Inc. to Martin C. Vallejos.
  • Whether, upon payment to Vallejos, Malayan Insurance is entitled to indemnity or reimbursement from San Leon Rice Mill, Inc.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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