Title
Greenstar Express, Inc. vs. Universal Robina Corp.
Case
G.R. No. 205090
Decision Date
Oct 17, 2016
Bus driver Sayson collided with URC’s van driven by Bicomong, who was on a personal trip. SC ruled Bicomong’s employer not liable; Sayson negligent, failed to avoid accident.
collision
transportation company
driver
A

Case Summary (G.R. No. 205090)

Procedural History

  • Petitioners filed a complaint (Civil Case No. SPL-0969, RTC, Branch 31, San Pedro, Laguna) for damages based on negligence on September 23, 2003; URC was later impleaded.
  • The RTC, after trial, rendered judgment dated April 4, 2011 dismissing the complaint and denying the counterclaim.
  • The Court of Appeals (CA) affirmed the RTC decision in a September 26, 2012 decision and denied reconsideration by resolution dated December 28, 2012.
  • Supreme Court: Petition for Review on Certiorari was filed and, after resolution, the Supreme Court denied the petition and affirmed the CA decision.

Factual Findings at Trial

  • Petitioners’ evidence: Sayson testified he was driving a Greenstar passenger bus Manila-bound at roughly 60 km/h with about ten passengers when he saw an L-300 van on the opposite shoulder some 250 meters away; the van returned to its lane and, at a distance of about five meters, headed directly toward his bus; Sayson attempted to swerve but was unable to avoid collision; he left the scene soon after for fear of reprisals and later reported the incident. Police investigator SPO3 Ernesto Marfori testified that the impact was near the bus lane and that debris was found in the bus lane.
  • Respondents’ evidence: URC/NURC witnesses testified that February 25, 2003 was a holiday and Bicomong was returning to his family in Quezon on a personal errand; Bicomong’s assigned official vehicle was a Toyota Corolla and the L-300 van was not officially issued to him (it was assigned to another employee); NURC had no business or plant in Quezon or Laguna; the van’s use that day was not for company business. Bicomong’s widow corroborated his personal purpose.

Trial Court’s Disposition and Reasoning

  • The RTC concluded that even if Bicomong’s negligence was the proximate cause, defendants (corporate employers) were not liable under Article 2180 because Bicomong was not acting within the scope of his employment at the time of the accident (holiday, personal trip to Quezon, van not officially assigned to him).
  • The RTC also found defendants failed to prove plaintiffs’ driver (Sayson) caused the mishap in their counterclaim; on this basis the complaint and counterclaim were dismissed and each party was ordered to bear their own losses.

Issues on Appeal and in the Petition

  • Petitioners raised two principal assignments of error: (1) the CA erred in ruling respondents were not liable despite petitioners’ contention that Bicomong’s negligence caused the collision; and (2) the CA admitted defenses not pleaded in respondents’ answers (i.e., that the accident occurred on a holiday and the driver was acting in a personal capacity), thereby prejudicing petitioners under Rule 9 (waiver of unpleaded defenses).

Legal Standards Applied by the Court of Appeals and Supreme Court

  • Articles 2176 and 2180 set the baseline: quasi-delict liability for negligence generally (Art. 2176) and employer liability for damages caused by employees acting within the scope of assigned tasks (Art. 2180).
  • Article 2185 establishes a presumption of negligence when a motorist was violating traffic regulations at the time of a mishap.
  • Registered-owner rule (as articulated in prior jurisprudence cited in the decision): proof of registered ownership of the offending vehicle gives rise to a disputable presumption that the employer-registered owner satisfies Article 2180’s elements (owner-driver relationship), thereby shifting the burden to the registered owner/employer to rebut liability under Article 2180. The Supreme Court in Caravan Travel and Tours v. Abejar (cited in the decision) articulated that once ownership and employment are proved, the presumption arises and the registered owner must then establish one of three defenses to escape liability under Article 2180: (a) no employment relationship; (b) driver acted outside the scope of employment; or (c) employer exercised the diligence of a good father of a family in selection and supervision.

Application of the Registered-Owner Presumption and Burden Shift

  • Ownership and employment were established on the record: URC was the registered owner of the van and Bicomong was an NURC employee. Consequently the registered-owner presumption attached, shifting the burden to respondents to prove absence of liability under Article 2180.
  • Respondents met that burden by proving that (a) the accident occurred on a declared holiday and Bicomong was on a personal trip to his hometown in Quezon, (b) Bicomong’s official company car was a Toyota Corolla and the L-300 was not officially assigned to him (it was assigned to another logistics manager), and (c) NURC had no business in the provinces where the accident occurred. The Court accepted these facts as demonstrating that Bicomong acted outside the scope of his assigned tasks when the accident occurred.

Pleadings, Waiver, and Amendment to Conform to Evidence

  • Petitioners argued that respondents waived the defense that Bicomong was not on duty because it was not pleaded. The Court rejected that contention, holding that the defense of absence of negligence subsumes the factual showing that Bicomong was acting for personal purposes on a holiday; respondents were allowed to prove those facts at trial.
  • The Court applied Rule 10, Section 5 (amendment to conform to or authorize presentation of evidence), and relevant jurisprudence to hold that a failure to formally amend pleadings to conform to evidence does not bar adjudication on the basis of facts proven at trial; petitioners’ failure to object below was tantamount to waiver.

Assessment of Plaintiffs’ Driver (Sayson) and Common-Carrier Duties

  • The Court emphasized the heightened duty of care applicable to common carriers (Articles 1733, 1755 and 1756 of the Civil Code): common carriers must exercise extraordinary diligence for passenger safety and are presumed negligent in case of death or injuries to passengers unless they prove they observed such extraordinary diligence.
  • The Court found compelling evidence that Sayson saw the van traveling precariously on the shoulder some 250 meters away, observed its dust clouds (indicating speed), and saw it re-enter the roadway toward his bus. Despite this, Sayson maintained speed (about 60 km/h) instead of adopting defensive measures (slowing down, changing lane or otherwise minimizing risk). The point of impact was near the middle of the road (near or in Sayson’s lane), which the Court interpreted as consistent with lack of defensive action by Sayson.
  • Sayson’s immediate departure from the scene was also noted adversely. Given these facts, the Court concluded that Sayson failed to exercise the extraordinary diligence required of a common carrier.

Doctrine of Last Clear Chance and Causation

  • The Court applied the doctrine of last clear chance: where both parties may have been negligent but one had the last clear opportunity to avoid harm and failed to do so, that party can be held liable. The Court reasoned that even accepting that Bicomong’s conduct initially created the hazard, Sayson had the last clear chance to avert collision (given his observation of the van well in advance) but failed to take appropriate measures.
  • Because the evidence did not conclusively prove that respondents’ driver was solely at fault and because Sayson’s own conduct was negligent and proximate to the collision, liability could not be imposed on respondents under Article 2180.

Resolution on Burden and Failure of Proof

  • The Court found that respondents successfully rebutted the registered-owner presumption by showing that Bicomong acted outside the scope of employment on a holiday while using a vehicle not officially assigned to him.
  • Concurrently, respondents’ attempt to prove that plaintiffs’ driver caused the collision (defendants’ counterclaim) failed for lack of adequate proof of the precise mechanics of the collision; but the Court nonetheless found from the entirety of the evidence that Sayson’s failure to take defensive action made him negligent. Given the evidentiar

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