Title
Tison vs. Spouses Pomasin
Case
G.R. No. 173180
Decision Date
Aug 24, 2011
A 1994 vehicular accident involving a tractor-trailer and a jitney resulted in fatalities and injuries. The Supreme Court ruled Laarni Pomasin’s negligence as the proximate cause, dismissing claims against the tractor-trailer driver and owner, and invalidating an Affidavit of Desistance.

Case Digest (G.R. No. 173180)
Expanded Legal Reasoning Model

Facts:

  • Parties and Accident
    • On August 12, 1994, a tractor-trailer owned by Albert Tison and driven by Claudio Jabon collided with a jitney driven by Laarni Pomasin on Maharlika Highway in Barangay Agos, Polangui, Albay.
    • Gregorio Pomasin, a passenger in the jitney, and other occupants suffered death or injuries; Jabon and one passenger in the tractor-trailer were injured.
  • Versions of the Incident
    • Passenger’s Version (Gregorio Pomasin): While descending a curve, the jitney was struck by the oncoming tractor-trailer, which encroached on its lane.
    • Driver’s Version (Claudio Jabon): While ascending at 35–40 km/h, he saw the jitney veer off the shoulder and zigzag into his lane; he swerved right, struck a tree and sacks of palay, then was hit by the jitney.
  • Procedural History
    • Respondents sued petitioners for damages before the RTC of Antipolo on November 14, 1994, alleging negligence and claiming actual, medical, burial, moral, exemplary damages, attorney’s fees and litigation expenses.
    • Petitioners countered that the jitney driver’s negligence caused the accident and invoked an Affidavit of Desistance executed by Cynthia Pomasin.
    • On February 7, 2000, the RTC dismissed the complaint, finding Laarni Pomasin negligent and recognizing Cynthia’s tacitly consented settlement.
    • The CA reversed on February 7, 2003, holding Jabon reckless, imposing liability on both Jabon and Tison, awarding actual, civil indemnity, moral damages and attorney’s fees; it disregarded the Affidavit of Desistance.
    • The CA denied petitioners’ motion for reconsideration on July 19, 2006. Petitioners elevated the case to the Supreme Court via petition for review.

Issues:

  • Whether the negligence of the tractor-trailer driver or the jitney driver was the proximate cause of the collision.
  • Whether the Affidavit of Desistance executed by Cynthia Pomasin extinguished petitioners’ liability.
  • Whether Albert Tison, as owner, exercised due diligence in supervising his driver.
  • Whether the CA erred in presuming negligence per se from the license restriction violation without proving causal connection.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.