Case Digest (G.R. No. 176946)
Facts:
Constancia G. Tamayo, Jocelyn G. Tamayo, and Aramis G. Tamayo, collectively known as heirs of Cirilo Tamayo, v. Rosalia Abad Senora, Roan Abad Senora, and Janete Abad Senora, G.R. No. 176946, November 15, 2010, Second Division, Nachura, J., writing for the Court. The petition under Rule 45 sought review of the Court of Appeals (CA) Decision dated March 22, 2006 and Resolution dated February 6, 2007 in CA‑G.R. CV No. 63171, which affirmed with modification the March 2, 1999 Decision of the Regional Trial Court (RTC) of Parañaque City, Branch 257 (Judge Rolando G. How).On September 28, 1995, at about 11:00 a.m., Antonieto M. Senora, a 43‑year‑old police chief inspector of the PNP, was riding a motorcycle and crossing the intersection of Sucat Road toward Filipinas Avenue when a tricycle driven by Leovino F. Amparo allegedly bumped the motorcycle from behind. The motorcycle was pushed into the path of an Isuzu Elf delivery van driven by Elmer O. Polloso and registered to Cirilo Tamayo, and Senora was run over and later pronounced dead on arrival at the Medical Center of Parañaque.
At trial, tricycle driver Amparo testified that it was the delivery van that hit Senora’s motorcycle and that his tricycle showed no damage. Polloso’s co‑employee, Nora Pascual, testified that Polloso stopped when the tricycle bumped the motorcycle and that Polloso was a careful, slow driver. Cirilo, bedridden during trial, was represented by his wife, Constancia Tamayo, who testified about hiring and instructing drivers to be cautious; the RTC deemed Constancia’s testimony hearsay and discounted Pascual’s testimony as not establishing employer diligence.
The RTC found Polloso and Amparo negligent and Cirilo solidarily liable; it awarded actual damages, loss of life, loss of earnings (computed under a modified expectancy formula), and attorney’s fees. The CA affirmed liability but modified the computation of loss of earning capacity, applying the standard formula Net Earning Capacity = life expectancy x (gross annual income − reasonable living expenses), with life expectancy computed as 2/3 x (80 − age at death) and livi...(Subscriber-Only)
Issues:
- May the Supreme Court review and revise the CA’s factual findings in this Rule 45 petition?
- Was driver Elmer O. Polloso negligent in causing the death of Antonieto Senora?
- Was the joint negligence of Leovino Amparo and Elmer Polloso the proximate cause of Senora’s death?
- Is Cirilo Tamayo solidarily liable for Senora’s death for the acts of driver Polloso?
- Did the Court of Appeals correctly compute loss of ea...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)