Title
Malayan Insurance Co., Inc. vs. Court of Appeals
Case
G.R. No. L-36413
Decision Date
Sep 26, 1988
A 1967 car accident involving a jeep and a bus led to a damages suit. The Supreme Court ruled that the jeep owner and the driver's employer were solidarily liable, while the insurer's liability was contractual, entitling it to reimbursement from the employer.

Case Summary (G.R. No. L-36413)

Factual Background

On March 29, 1967, Malayan Insurance Co., Inc. issued a private car comprehensive policy in favor of Sio Choy, covering a Willys jeep for "own damage" up to P600.00 and "third-party liability" up to P20,000.00. On December 19, 1967, the insured jeep, driven by Juan P. Compollo, an employee of San Leon Rice Mill, Inc., collided with a passenger bus of Pangasinan Transportation Co., Inc. at the national highway in Barrio San Pedro, Rosales, Pangasinan. The accident caused damage to the jeep and injuries to the driver Compollo and to Martin C. Vallejos, a passenger in the jeep.

Trial Court Proceedings

Martin C. Vallejos instituted Civil Case No. U-2021 against Sio Choy, Malayan Insurance Co., Inc., and PANTRANCO, claiming medical expenses, lost income, actual, moral and compensatory damages, and attorney's fees. PANTRANCO denied liability and alleged the jeep was speeding. Sio Choy and Malayan Insurance Co., Inc. likewise alleged PANTRANCO's fault. Sio Choy later filed a cross-claim against Malayan Insurance Co., Inc. for indemnity under the insurance policy. Malayan Insurance Co., Inc. obtained leave to file a third-party complaint against San Leon Rice Mill, Inc., asserting that Compollo was its employee acting within the scope of his duties and that the employer was liable under Art. 2180. After trial, the court awarded Vallejos P4,103.00 actual damages, P18,000.00 lost income for three years, P5,000.00 moral damages, and P2,000.00 attorney's fees, for a total of P29,103.00, and held Sio Choy, Malayan Insurance Co., Inc., and San Leon Rice Mill, Inc. jointly and severally liable, with the qualification that the insurer's liability would be up to P20,000.00.

Court of Appeals Ruling

The respondent Court of Appeals affirmed the trial court's judgment in favor of Vallejos and against Sio Choy, San Leon Rice Mill, Inc., and Malayan Insurance Co., Inc., but held that San Leon Rice Mill, Inc. had no obligation to indemnify or reimburse Malayan Insurance Co., Inc. because the employer was not a privy to the insurance contract between Sio Choy and the insurer.

Issues Presented

The Supreme Court framed two principal issues: (1) whether the trial court, as affirmed by the Court of Appeals, correctly held Malayan Insurance Co., Inc. solidarily liable with Sio Choy and San Leon Rice Mill, Inc. to Vallejos; and (2) whether San Leon Rice Mill, Inc. is liable to reimburse Malayan Insurance Co., Inc. for any amount the insurer may be compelled to pay under its policy.

Petitioner's Contentions

Malayan Insurance Co., Inc. petitioned for reversal of the appellate court's judgment or, in the alternative, for an order requiring San Leon Rice Mill, Inc. to reimburse the insurer any amount in excess of one-half of the entire damages that the insurer may be ordered to pay jointly and severally with Sio Choy.

Supreme Court Ruling on Solidary Liability

The Court held that the trial court and the Court of Appeals erred in making Malayan Insurance Co., Inc. solidarily liable with Sio Choy and San Leon Rice Mill, Inc. The Court found that Sio Choy was liable as owner under Art. 2184 and that San Leon Rice Mill, Inc. was liable as employer under Art. 2180, so that the two respondents were the principal tortfeasors solidarily liable for the quasi-delict. The insurer's liability, by contrast, arose from contract under the third-party liability clause of the insurance policy. The Court explained that an insurer's contractual liability to third persons does not convert it into a solidary debtor with the tortfeasors. To hold the insurer solidarily liable would contradict the nature of solidary obligation, under which a creditor may enforce the whole obligation against a solidary debtor whose liability is not contractually coextensive with the tort-based obligation of the principal wrongdoers. The Court relied on precedent, including Guingon vs. Del Monte, to illustrate that an insurer may be directly sued for indemnity but is not thereby rendered solidarily liable with the insured and other tortfeasors.

Supreme Court Ruling on Subrogation and Reimbursement

On the second issue, the Court disagreed with the Court of Appeals. It invoked the equitable doctrine of subrogation as a normal incident of indemnity insurance and cited authorities recognizing that payment by an insurer operates as an equitable assignment of the insured's remedies against third persons whose negligence caused the loss. The Court held that upon paying Vallejos up to P20,000.00 under the policy, Malayan Insurance Co., Inc. would be subrogated pro tanto to the rights of its insured Sio Choy against San Leon Rice Mill, Inc., a solidary co-debtor. Under Art. 1217, the solidary debtor who pays the entire obligation may claim reimbursement from co-debtors for their respective shares. Consequently, the insurer, as subrogee of Sio Choy, would have the right to seek reimbursement from San Leon Rice Mill, Inc. for its proportional share of the solidary obligation. The Court applied the arithmetic to conclude that if the insurer paid P20,000.00, it would be entitled to reimbursement from San Leon Rice Mill, Inc. in the amount of P14,551.50, which represents one-half of P29,103.00.

Disposition

The petition was granted. The Supreme Court affirmed the decision of the trial court as modified: only Sio Choy and San Leon Rice Mill, Inc. are solidarily liable to Martin C. Vallejos for the total sum of P29,103.00. The judgment of liability against Malayan Insurance Co., Inc. was modified to reflect its contractual limit of P20,000.00 and to preserve the insurer's right, by subrogation, to seek reimbursement from San Leon Rice Mill, Inc. in

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