G.R. No. 173870 - Del Carmen, Jr. vs. Bacoy

Case Summary (G.R. No. 173870)

Factual Antecedents

At dawn on January 1, 1993, Emilia Bacoy Monsalud, her husband Leonardo Sr., and their daughter Glenda were run over by the petitioner’s Fuso jeep. At the time of collision the vehicle was being driven by Allan Maglasang. The jeep was registered in petitioner’s name and deployed as a public utility vehicle. The accident resulted in the deaths of three persons and precipitated both criminal and civil proceedings.

Criminal Proceedings Against Driver

Criminal Case No. 93-10347 for Reckless Imprudence Resulting in Multiple Homicide was filed against Allan Maglasang in the Regional Trial Court (RTC) of Molave, Zamboanga del Sur, Branch 23. The RTC convicted Allan beyond reasonable doubt in a decision dated March 13, 1997, imposing an indeterminate penalty (prision correccional).

Civil Action and Parties Joined

While the criminal case was pending, Geronimo Bacoy filed Civil Case No. 96-20219 under culpa aquiliana, seeking recovery of funeral and burial expenses, attorney’s fees, moral and exemplary damages, and loss of earnings capacity for Emilia. Defendants included Allan, the spouses Oscar Sr. and Norma del Carmen (alleged employers), and Oscar Jr. (registered owner). Defendants denied liability; Oscar Jr. asserted that the jeep had been stolen and therefore that he was not liable.

Evidence on Ownership, Employment and Alleged Theft

Oscar Jr. acknowledged that Allan had been a conductor but asserted Allan’s employment had terminated before the accident. Testimony conflicted: witnesses for Oscar Jr. (Faustino, Cresencio) suggested Allan had ceased as conductor mid-December 1992, while witnesses for plaintiffs (Saturnino, Jose) asserted Allan was still serving as conductor into late December 1992. Oscar Jr. presented statements of passengers Jemar Alarcon and Benjamin Andujar claiming Allan drove the jeep on the night of the accident; he also filed a separate carnapping case that was dismissed for insufficiency of evidence. Evidence indicated the jeep could be started by pushing without the ignition key and that headlights could be off when started; the jeep was usually parked beside Rodrigo Maglasang’s rented house.

RTC Decision — Initial Ruling and Rationale

In its April 17, 2000 Decision the RTC dismissed the claim against the spouses del Carmen for insufficiency of evidence but held Oscar Jr. civilly liable in a subsidiary capacity. The RTC applied the doctrine of res ipsa loquitur, reasoning that the jeep was under the management and control of the owner and that the accident would not have occurred absent negligence. The court found that because the jeep could be started without a key and was habitually parked at the driver’s residence, the owner should have taken precautions to prevent unauthorized use.

RTC Reconsideration Order — Absolution of Owner

On reconsideration, the RTC, in an order dated June 21, 2000, reversed its earlier imposition of liability on Oscar Jr. The court held that Article 2180 of the Civil Code required an employer-employee relationship and that the tort must have been committed within the scope of employment for subsidiary liability to attach; Allan was found to have acted beyond the scope of his duties as conductor when he drove the jeep. The RTC also declared res ipsa loquitur inapplicable where the accident resulted from the criminal acts of another, and thus absolved Oscar Jr. from civil liability.

Court of Appeals Decision and Reasoning

The Court of Appeals (CA) reversed the RTC’s reconsideration and reinstated liability. The CA found that Allan remained an employee at the time of the accident, gave greater weight to plaintiff witnesses, and discredited certain defense witnesses for limited knowledge or inconsistent testimony. The CA applied the settled rule that the registered owner of a vehicle is primarily and directly responsible to third persons for injuries or death caused by the vehicle’s operation, absent proof of unauthorized use or theft. The CA found circumstances indicating implied permission by the owner for Allan’s use: habitual parking at Rodrigo’s house (where Allan also lived), both brothers’ employment on the same jeep, ease of starting the jeep without a key, and unsecured parking. The CA thus held Oscar Jr. and Allan jointly and severally liable and quantified damages (civil indemnity, temperate damages, moral damages, exemplary damages).

Issues Presented to the Supreme Court

Oscar Jr. petitioned for review, contending the CA (1) based findings on speculation and misapprehension of facts, (2) failed to follow Article 2180’s requirement that employer liability requires the employee to have acted within the scope of assigned tasks, and (3) wrongly applied res ipsa loquitur and the doctrine of liability of registered vehicle owners where the vehicle was allegedly stolen. He stressed that Allan drove the jeep in a private capacity beyond his role as conductor and that the carnapping case’s dismissal and other circumstances supported a finding of theft.

Supreme Court’s Analysis on Evidence of Unauthorized Use and Res Ipsa Loquitur

The Supreme Court analyzed the evidence under the preponderance-of-evidence standard applicable in civil cases and found petitioner’s proof of unauthorized taking insufficient. The Court noted statements from two co-accused indicating that Allan arrived driving the jeep, undermining the contention that the jeep had been pushed by many persons to start it without a key. The Court also emphasized petitioner’s failure to present his driver Rodrigo as a witness or to explain why the ignition key was not returned to him when Rodrigo allegedly came to report the accident. The Court reiterated the evidentiary nature of the doctrine of res ipsa loquitur and set out its requisites: (1) accident the kind that does not ordinarily occur absent negligence; (2) cause of injury under exclusive control of the person in ch

Case Syllabus (G.R. No. 173870)

Title, Citation and Panel

Full case caption as provided: "OSCAR DEL CARMEN, JR., PETITIONER, VS. GERONIMO BACOY, GUARDIAN AND REPRESENTING THE CHILDREN, NAMELY: MARY MARJORIE B. MONSALUD, ERIC B. MONSALUD, METZIE ANN B. MONSALUD, KAREEN B. MONSALUD, LEONARDO B. MONSALUD, JR., AND CRISTINA B. MONSALUD, RESPONDENTS."
Reported at 686 Phil. 799, FIRST DIVISION, G.R. No. 173870, decision date April 25, 2012.
Decision penned by Justice Del Castillo. Concurrence indicated by Corona, C.J. (Chairperson), Leonardo-De Castro, Bersamin, and Villarama, Jr., JJ.

Nature of the Case and Relief Sought

Petition for Review on Certiorari by the registered owner of a motor vehicle (Oscar del Carmen, Jr.), challenging the Court of Appeals Decision dated July 11, 2006 (CA-G.R. CV No. 67764) which held him liable for damages to heirs of three victims run over by his vehicle.
Underlying civil action: independent civil action for damages based on culpa aquiliana filed by Geronimo Bacoy in behalf of six minor children of the deceased (Civil Case No. 96-20219).
Plaintiff sought: reimbursement of funeral and burial expenses, attorney’s fees, moral and exemplary damages, and loss of Emilia’s net income/earning capacity (including amounts specifically pleaded in the original and amended complaints).

Factual Antecedents — Accident and Victims

Date/time: dawn on New Year’s Day of 1993 (January 1, 1993 at about 3:30 a.m. according to eyewitness statements).
Victims: Emilia Bacoy Monsalud (Emilia), her spouse Leonardo Monsalud, Sr., and their daughter Glenda Monsalud.
Circumstances: The three, returning from a Christmas party in Poblacion, Sominot, Zamboanga del Sur, were run over at Purok Paglaom by a Fuso passenger jeep bearing plate UV-PEK-600.
Driver at time of accident: Allan Maglasang (Allan), later criminally charged and convicted for Reckless Imprudence Resulting in Multiple Homicide (Criminal Case No. 93-10347).
Vehicle registration and operation: Jeep registered in name of petitioner Oscar del Carmen, Jr. (Oscar Jr.); used as a public utility vehicle plying the Molave–Sominot route.

Criminal Proceedings Related to the Incident

Criminal Case No. 93-10347 (Region Trial Court, Molave, Zamboanga del Sur, Branch 23) for reckless imprudence resulting in multiple homicide was filed against Allan; RTC convicted Allan in a Decision dated March 13, 1997; imposed indeterminate penalty of 1 year prision correccional to 6 years prision correccional.
Separate carnapping criminal case filed by Oscar Jr. against Allan and co-accused (Criminal Case No. 93-10380) for alleged carnapping; case dismissed for insufficiency of evidence as noted in the records.

Civil Action — Parties, Claims and Prayer

Plaintiff: Geronimo Bacoy (father of Emilia), suing on behalf of six minor children (Mary Marjorie, Eric, Metzie Ann, Kareen, Leonardo Jr., and Christian).
Defendants: Allan Maglasang; alleged employers — spouses Oscar del Carmen, Sr. and Norma del Carmen (Spouses del Carmen); registered owner Oscar del Carmen, Jr.
Claims: Reimbursement of funeral/burial expenses (pleaded P73,112.00), attorney’s fees (P20,000.00 plus P1,000.00 per hearing), moral damages (P1,000,000.00 for Emilia and P250,000.00 each for Leonardo and Glenda in original complaint), exemplary damages (P40,000.00), and actual/compensatory damages (P3,016,000.00 as pleaded in original complaint). Complaint later amended to include loss of earning capacity.

Defenses and Evidence Presented by Oscar del Carmen, Jr.

Denial of employer status by Spouses del Carmen and assertion they did not own the jeep nor employ Allan.
Oscar Jr.’s principal defense: the jeep had been illicitly taken (stolen) by Allan and companions — he portrayed himself as a victim of carnapping.
Testimony/evidence supporting theory of unauthorized taking:
- Witnesses Jemar Alarcon and Benjamin Andujar (two of Allan’s companions) gave statements that Allan arrived driving the jeep and invited them to ride; Oscar Jr. submitted their statements as documentary evidence.
- Allegation that the jeep can easily be started by mere pushing without the ignition key, and that the engine would then run though headlights would be off; testified to by Oscar Jr. and a vehicle mechanic (TSN references).
- Oscar Jr. filed the carnapping case (Criminal Case No. 93-10380) against Allan and five co-accused; that case was dismissed for insufficiency of evidence.
Employment status/allegation of severance:
- Oscar Jr. claimed Allan had ceased to be his conductor before January 1, 1993, having served only from the first week of December until December 14, 1992.
- Witnesses produced by Oscar Jr.: Faustino Sismundo and Cresencio “Junior” Baobao who testified that Cresencio had been conductor from roughly December 15/16, 1992 through January 1, 1993 and that Rodrigo Maglasang was the driver.
Conflicting testimony and gaps:
- Plaintiff’s witnesses (Saturnino Jumawan and Jose Navarro) testified Allan still acted as conductor late in December (including December 23, 1992) and that the jeep was parked in Saturnino’s yard.
- Oscar Jr. acknowledged in testimony that the carnapping case was dismissed and that he testified in it; he could not personally testify to whether Rodrigo voluntarily gave the key to Allan.
- Oscar Jr. did not produce Rodrigo as a witness and did not explain the handling of the ignition key definitively; Rodrigo allegedly turned over OR and CR to Oscar Jr. after the incident but not the key which was said to have been handed to the police for unexplained reasons.

Ruling of the Regional Trial Court (RTC) — April 17, 2000

Initial RTC Decision: Spouses del Carmen exculpated for insufficiency of evidence; Oscar Jr. held civilly liable in a subsidiary capacity.
RTC’s legal theory: Applied res ipsa loquitur — presumption of negligence arises when the thing that caused injury is under defendant’s management and the accident ordinarily would not have happened had proper care been exercised.
RTC factual basis: Oscar Jr., as registered owner, managed and controlled the jeep through his driver Rodrigo; the jeep was usually parked in Rodrigo’s house yard; owner and driver knew jeep could be started without ignition key; owner/driver should have taken precautions to prevent use by unauthorized persons.
RTC judgment (dispositive portion):
- Ordered Allan Maglasang to pay plaintiffs; in event of Allan’s insolvency, Oscar Jr. to pay:
  - P73,112.00 for funeral and burial expenses;
  - P1,000,000.00 moral damages for Emilia’s death;
  - P250,000.00 moral damages for Leonardo Sr.;
  - P250,000.00 moral damages for Glenda;
  - P40,000.00 exemplary damages;
  - P20,000.00 attorney’s fees;
  - Costs of proceedings.
- Dismissal of complaint as against Spouses Oscar del Carmen Sr. and Norma del Carmen.

RTC Order on Reconsideration — June 21, 2000

On reconsideration, RTC granted Oscar Jr.’s motion and absolved him from civil liability.
RTC’s reasoning on reconsideration:
- Emphasized Article 103 of the Revised Penal Code (for subsidiarily criminal liability) analogized to civil liability — for employer to be subsidiarily liable, employee must have committed act in discharge of his duties.
- Found Allan was not acting in the discharge of his duties as conductor when he drove the jeep; thus, employer (Oscar Jr.) should not be held civilly liable.
- Declared doctrine of res ipsa loquitur inapplicable where property owner is held responsible for damages caused by his property by reason of criminal acts of another; adjudged only Allan should bear consequences of his crim