G.R. No. 178065 - People vs. Tapere y Polpol

On June 22, 1992, respondent Salvador Begasa and three companions flagged down a passenger jeepney driven by Joaquin Espina, owned by Aurora Pisuena, near Araneta and Magsaysay Streets, Bacolod City.
While respondent was boarding the jeepney (right foot inside, left foot on the boarding step), a truck owned by petitioner Ernesto Syki and driven by Elizalde Sablayan bumped the rear end of the jeepney.
As a result, respondent fell and sustained injuries, including a comminuted fracture of the left femur, lacerations, and abrasions on the left leg.

The trial court dismissed the complaint against Aurora Pisuena but held petitioner Syki and his driver jointly and severally liable. Damages awarded included:

Petitioner and his driver appealed to the Court of Appeals, which affirmed the trial court’s decision and denied reconsideration.
Petitioner filed a petition for review before the Supreme Court.

Argued that respondent was contributorily negligent, warranting reduction of damages.
Claimed he exercised the diligence of a good father of a family in selecting and supervising his driver and thus should not be held liable for the driver’s negligence.
Supported by testimonies regarding selection procedures such as police clearance and driving test conducted by petitioner’s mechanic.

Testimonial evidence only; petitioner failed to present documentary evidence such as the police clearance, driving test results, or inspection records.
Respondent relied on trial court findings and legal principles related to employer liability and contributory negligence.

Whether petitioner exercised the diligence of a good father of a family in the selection and supervision of his driver, thereby relieving him from liability.
Whether respondent was guilty of contributory negligence, necessitating a reduction or mitigation of damages awarded.