Case Summary (G.R. No. 219649)
Procedural Posture
The plaintiffs (Renato and Wilma Octaviano) sued petitioner Al Dela Cruz and the vehicle owner for damages. The Regional Trial Court (Branch 275, Las Piñas City) dismissed the complaint. The Court of Appeals reversed, holding petitioner and the vehicle owner solidarily liable and awarding actual, moral, exemplary damages and attorney’s fees. Petitioner sought review under Rule 45; the Supreme Court denied the petition and affirmed the Court of Appeals.
Facts Established at Trial
At about 9:00 p.m. on April 1, 1999, Renato, his mother Wilma, and sister Janet rode a tricycle driven by Eduardo Padilla. While proceeding on Naga Road, an oncoming car driven by petitioner struck the rear portion of the tricycle. The impact threw Renato into the gutter; his right leg was crushed and amputated below the knee that same night. Renato underwent prolonged hospitalization and rehabilitation, multiple operations for bone infection, and later obtained a prosthetic limb at his own expense. Total medical and prosthetic expenses amounted to P623,268.00. The tricycle was towed from the scene; witnesses removed the car’s license plate, and bystanders reported that the car’s driver appeared intoxicated.
Evidence Presented
- Eyewitnesses S/Sgt. Joselito Lacuesta and Antonio Fernandez testified they saw the collision, assisted the injured, put Renato into the car, observed the driver’s apparent intoxication, and observed others seize the car’s license plate. Lacuesta specifically instructed the car’s driver to carry the injured to the hospital.
- Petitioner testified he had borrowed Dr. Isagani Cirilo’s Honda Civic to fetch his mother from church and that he saw a parked Elf van and a tricycle ahead, flashed his lights, and slowed, but the tricycle suddenly accelerated and the two vehicles collided. He stated he stopped, had the injured loaded into his car, stopped at his house briefly, then took them to a clinic and later to Perpetual Help Hospital.
- Imelda Cirilo corroborated that petitioner borrowed their car and that she signed the hospital admission slip for Renato but denied giving financial assistance.
- Traffic enforcer Renato Martinez testified he arrived after vehicles had left; he later encountered petitioner at the hospital and escorted him per instructions.
- Police spot investigation report (SPO2 Soriano) stated Vehicle-2 (the Honda Civic) swerved to avoid hitting a tricycle and sideswiped Vehicle-1 (tricycle). The report described Vehicle-2 as “Positive for Alcoholic Breath (AB).”
Issues Raised by Petitioner on Appeal
Petitioner argued, principally, that: (1) he was not negligent; (2) the Court of Appeals’ factual findings were unsupported by evidence; (3) the tricycle driver’s fault or gross negligence was the proximate cause; and (4) the CA overlooked undisputed facts that would justify a different conclusion. He also contended the police report should not have been relied upon absent confrontation or cross-examination of the investigating officer and denied being drunk.
Legal Standards Applied
- Negligence: The Court applied the well-established definition—failure to exercise the degree of care which the circumstances demand—and applied the “reasonable person”/paterfamilias standard (Picart v. Smith). Liability under Article 2176 (quasi-delict) requires proof of damage, fault or negligence, proximate cause, and absence of pre-existing contractual relation.
- Burden and quantum of proof: In civil actions, the party with the burden must prove his case by preponderance of evidence (Section 1, Rule 133). Preponderance means the evidence is more convincing and has greater weight.
- Exceptions to finality of appellate factual findings: The Court acknowledged established grounds when Supreme Court may review factual findings of the Court of Appeals (e.g., misapprehension of facts, conflicting findings, overlooking undisputed facts).
Court’s Analysis of Negligence and Evidentiary Weight
- Damage: The Supreme Court accepted as proven the severe injuries to Renato (amputation) and injuries to Wilma; documentary hospital bills supported actual damages.
- Fault and corroboration: The Court found the Court of Appeals correctly concluded petitioner’s negligence. The police spot report indicating petitioner was “positive for alcoholic breath” was corroborated by eyewitness testimony (Lacuesta and Fernandez) who observed petitioner appeared intoxicated. The Court held that the report’s contents were corroborated by these witnesses and thus entitled to weight despite the absence of testimony by the investigator.
- Causation and foreseeability: The Court determined petitioner failed to exercise the reasonable foresight and care expected of a prudent driver. The Court found petitioner had adequate opportunity to slow down or stop on seeing the parked van and tricycle at distance; his continued driving and failure to take precaution proximately caused the collision. The fact the tricycle was struck at the rear reinforced that petitioner’s conduct caused the injury.
- Contributory negligence and third-party driver: The Court rejected petitioner’s contention that the tricycle driver’s negligence or passengers’ violation of a municipal ordinance (excess passengers) constituted proximate contributory negligence sufficient to exculpate petitioner. The Court explained contributory negligence requires a causal link to the injury; the alleged infractions did not establish proximate contribution to the harm. The Court also explained that even if the tricycle driver were negligent, liabilities arise from different sources (contract of carriage for the
Case Syllabus (G.R. No. 219649)
Case Caption, Nature and Procedural Posture
- Petition for Review on Certiorari under Rule 45 of the Rules of Court filed by petitioner Al Dela Cruz, dated August 12, 2015, seeking reversal and setting aside of the Court of Appeals (CA) Decision dated January 30, 2014 and Resolution dated June 22, 2015.
- The CA had reversed the Regional Trial Court (RTC), Branch 275, Las Piñas City Decision dated February 24, 2009 in a civil case for damages filed by respondents Captain Renato Octaviano and Wilma Octaviano.
- The Supreme Court denied the petition for lack of merit and affirmed the CA Decision and Resolution.
Relevant Dates and Courts
- Accident occurred: around 9:00 p.m., April 1, 1999.
- RTC Decision: February 24, 2009 (dismissed respondents’ claim).
- CA Decision reversing RTC: January 30, 2014.
- CA Resolution denying reconsideration: June 22, 2015.
- Petition for Review filed in the Supreme Court: August 12, 2015.
- Supreme Court decision: July 26, 2017.
Parties and Roles
- Petitioner: Al Dela Cruz — driver of the Honda Civic involved in the collision; borrower of the vehicle owned by Dr. Isagani Cirilo.
- Respondents / Plaintiffs below: Capt. Renato Octaviano (injured party) and Wilma Octaviano (mother of Renato).
- Other individuals of relevance: Janet Octaviano (Renato’s sister and co-passenger), Eduardo Y. Padilla (tricycle driver — not presented as witness), Imelda Cirilo (wife of the car owner, Dr. Isagani Cirilo), traffic enforcer Renato Martinez, investigator Sgt. Soriano (prepared police report), S/Sgt. Joselito Lacuesta and Antonio Fernandez (eyewitnesses).
Factual Summary
- Around 9:00 p.m. on April 1, 1999, Renato, Wilma (his mother), and Janet rode a tricycle driven by Eduardo Y. Padilla along Naga Road toward CAA and BF Homes.
- Renato rode at the back of the tricycle driver; Wilma and Janet were inside the sidecar.
- Renato was asking his mother for change when he saw a light from an oncoming car “going too fast.”
- The Honda Civic driven by petitioner struck the back portion of the tricycle where Renato was riding, causing the tricycle to turn over and land on the pavement near the gutter.
- Renato was thrown about two meters and landed on the gutter, experienced severe pain in his lower extremities, and briefly lost consciousness.
- Bystanders attended; one man shouted to another: “Ikaw, dalhin mo yung sasakyan mo dito. Ikaw ang nakabangga sa kanila. Dalhin mo sila sa ospital.” The injured Renato was carried to the car.
- Petitioner brought them to his house, alighted for two to three minutes, and then brought the passengers first to a clinic and then, at Renato’s insistence, to Perpetual Help Medical Center. Renato’s leg was amputated below the knee the same night.
- Post-operative and rehabilitative care included transfer to AFP Medical Center at V. Luna General Hospital (nine months rehabilitation), bone infection surgeries at Fort Bonifacio Hospital (three operations) and subsequent six months treatment there. In 2000, Renato had a prosthetic attached at V. Luna at his own expense.
- Renato’s total medical bills and prosthetics amounted to P623,268.00.
- Renato and Wilma filed a civil case for damages against petitioner Al Dela Cruz and the owner of the vehicle, Isagani Cirilo.
Evidence and Witnesses Presented
- Plaintiffs’ witnesses:
- S/Sgt. Joselito Lacuesta: was at Naga Road around 9:00 p.m.; described the collision, aided Renato, instructed companions to stop the car from leaving, had a companion carry Renato to the car, stated he told the driver “Isakay mo ito, nabangga mo ito,” and observed that the driver appeared drunk (“nakainom”). His companions forcibly removed the license plate. A policeman later arrived and towed the tricycle.
- Antonio Fernandez: corroborated Lacuesta’s testimony and also testified that the driver appeared drunk.
- Defense witnesses and testimony:
- Petitioner Al Dela Cruz: testified he borrowed Dr. Isagani Cirilo’s Honda Civic to fetch his mother from Jehovah’s Witness church. He described leaving home around 8:30 p.m. to pick up fish food, observed a tricycle 100–120 meters away going the opposite direction and an Elf van parked on the opposite side, flashed low and high beams to signal the tricycle, slowed down when the tricycle slowed, and then the tricycle suddenly accelerated resulting in collision. He stopped a few meters away, made a U-turn, assisted in boarding the injured man, and drove victims to Perpetual Help Hospital. He denied being drunk.
- Imelda Cirilo (vehicle owner’s wife): testified petitioner borrowed their car that night, she signed Renato’s hospital admission slip to allow operation without admitting liability, offered to help victims though they refused, and she did not provide financial assistance for hospital bills or medicines.
- Traffic enforcer Renato Martinez: received radio call about incident around 8:30 p.m., arrived at scene around 9:00 p.m. where vehicles were gone, saw glass splinters and an Elf van parked; later proceeded to Perpetual Help Hospital, talked with petitioner, and together with Sgt. Soriano proceeded to headquarters with petitioner.
- Police/investigator report (prepared by SPO2 Vicente Soriano): included on-the-spot investigation findings, describing Vehicle 2 (Honda Civic) swerving left to avoid hitting another tricycle that had been standing while waiting for a passenger and sideswiping Vehicle-1 (the tricycle); road and weather conditions; and indicated Veh-2 was “Positive for Alcoholic Breath (AB).”
Lower Courts’ Findings
RTC (Decision dated February 24, 2009):
- Dismissed plaintiffs’ claim.
- Found petitioner’s version more believable, corroborated by Sgt. Martinez’s testimony noting an Elf van parked along the road.
- Ruled petitioner acted as a cautious driver and did everything expected.
- Held owner Isagani Cirilo not liable because petitioner was a family friend who merely borrowed the car and was not Cirilo’s driver or employee.
- Placed liability on the tricycle driver who allegedly drove without a license and on Renato for contributory negligence for riding at the back in violation of Municipal Ordinance No. 35-88 limiting tricycle passengers to three persons including the driver.
Court of Appeals (Decision dated January 30, 2014):
- Reversed RTC and held petitioner negligent.
- Relied on police report and witness testimony that petitioner was positive for alcoholic breath and appeared drunk.
- Found owner of the Honda Civic equally responsible and liable.
- Awarded damages and costs to plaintiffs, specifically ordering defendants solidarily liable to pay plaintiffs for enumerated medical, hospital, transportation, moral, exemplary damages, and attorney’s fees (as set out in the CA Decision).
Issues Raised by Petitioner in the Supreme Court
- Petitioner’s stated grounds in the petition:
- That the CA gravely erred in holding petitioner negligent while driving his car.
- That the CA’s findings of fact are not supported by the evidence adduced.
- That the CA gravely erred in failing to consider that the proximate cause of the incident was the fault or gross negligence of the tricycle driver.
- That the CA manifestly overlooked certain undisputed facts which, if properly considered, would justify a different conclusion.
- Additional contentions:
- The police investigation report relied upon by the CA should not have been used because the traffic investigator was not presented as witness and petitioner had no opportunity to confront or cross-examine him.
- Denial of being drunk; contention that CA erred in appreciating mere opinions of witnesses that he appeared drunk.