Case Digest (G.R. No. 111127)
Facts:
In Mr. & Mrs. Engracio Fabre, Jr. et al. v. Court of Appeals, decided on July 26, 1996 under G.R. No. 111127, petitioners Engracio Fabre, Jr. and his wife owned a 1982 Mazda minibus, which they leased to the Word for the World Christian Fellowship, Inc. (WWCF) on November 2, 1984 to transport 33 members from Manila to La Union. Their hired driver, Porfirio Cabil, made his first long‐distance trip that night, departing late due to passengers’ delay. Encountering heavy rain, darkness and an unmarked sharp curve near Ba‐ay in Lingayen, Pangasinan, he lost control at 50 km/h, causing the bus to skid, collide with roadside structures, overturn and trap passenger Amyline Antonio under a detached wooden seat. She sustained severe spinal injury resulting in paraplegia. The Lingayen police filed criminal charges against Cabil; civil damages for fence repair paid by the Fabres after Jesus Escano’s desistance. Antonio brought a tort and contractual carriage action before the Makati RegionaCase Digest (G.R. No. 111127)
Facts:
- Parties and vehicle
- Petitioners Engracio Fabre, Jr. and his unnamed wife owned a 1982 Mazda minibus, used for a school‐service route in Manila.
- They hired driver Porfirio Cabil in 1981 after a two‐week trial period to transport students of St. Scholastica’s College.
- Contract for trip and accident
- On November 2, 1984, WWCF engaged petitioners’ minibus for P3,000 to carry 33 Young Adults Ministry members from Manila to La Union and back.
- Delayed departure at 8:00 p.m.; driver took unfamiliar detour via Ba-ay, Pangasinan, due to bridge repairs.
- At 11:30 p.m., on a dark, rainy curve (“siete”), bus skidded at 50 km/h, hit roadside fixtures, overturned, and was crushed by a fallen coconut tree.
- Injuries and procedural history
- Several passengers injured; Amyline Antonio suffered paraplegia from severe spinal damage, underwent multiple transfers and surgery.
- RTC Makati (April 17, 1989) found negligence in vehicle preparation and driver screening, awarded Antonio P93,657.11 actual damages, P500,000 loss of earning capacity, P20,000 moral, P20,000 exemplary, 25% attorney’s fees, costs.
- CA (September 30, 1992) affirmed liability as to Antonio, modified awards to P93,657.11 actual, P600,000 compensatory, P50,000 moral, P20,000 exemplary, P10,000 attorney’s fees; dismissed other respondents’ claims.
Issues:
- Whether petitioners were negligent.
- Whether petitioners are liable for respondents’ injuries.
- Whether damages may be awarded and, if so, in what amounts.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)