Title
Real vs. Belo
Case
G.R. No. 146224
Decision Date
Jan 26, 2007
A fire at petitioner’s fastfood stall, caused by leaking LPG fumes, destroyed respondent’s stall; petitioner was held liable for negligence and ordered to pay temperate damages.

Case Summary (G.R. No. 146224)

Procedural Posture

Respondent sued petitioner for damages in the Metropolitan Trial Court (MeTC), alleging negligence in equipment upkeep and employee supervision. The MeTC rendered judgment on April 5, 1999 in favor of respondent, awarding ₱50,000 temperate damages and ₱25,000 attorney’s fees. Petitioner appealed to the Regional Trial Court (RTC), which on November 26, 1999 affirmed liability but increased temperate damages to ₱80,000. Petitioner’s motion for reconsideration was denied on April 12, 2000. A petition for review before the Court of Appeals (CA) was dismissed outright on June 16, 2000 for procedural deficiencies; reconsideration was denied on November 27, 2000. Petitioner then filed a Rule 45 petition with the Supreme Court.

Applicable Law

– 1987 Constitution (decision after 1990)
– Rule 42, Section 2 and Rule 45, Revised Rules of Court (form and content of CA petitions)
– Article 2176 and Article 2180, Civil Code (quasi-delict and employer liability)

Compliance with Procedural Requirements

Rule 42, Section 2 mandates that petitions for review to the CA include certified true copies of lower-court decisions signed by the Clerk of Court, plus pleadings or record portions supporting allegations. Petitioner initially submitted uncertified copies and omitted certain pleadings, prompting CA dismissal. The Supreme Court recognized that clerk certification is mandatory but applied the doctrine of substantial compliance. Upon petitioner’s timely submission of true copies certified by the Clerk in her motion for reconsideration, the Court found procedural deficiencies cured and CA’s outright dismissal a grave abuse of discretion.

Liability and Fortuitous Event

Under Article 1174, Civil Code, a fortuitous event must be independent of human agency, unforeseeable or unavoidable, and free from obligor participation. Evidence established:

  1. Fire originated from leaking LPG equipment under petitioner’s control.
  2. Petitioner’s employees failed to detect or control the leak.
  3. No proof of natural forces or unforeseeable causes.

Petitioner’s claim of fortuity failed. Pursuant to Articles 2176 and 2180, negligence by petitioner or her employees imposes liability for resulting damages. A presumption of employer negligence arises from employee fault; petitioner did not rebut it by demonstrating diligence in equipment maintenance or employee supervision.

Award of Damages

The MeTC awarded ₱50,000 temperate damages and ₱25,000 attorney’s fees. The RTC, on appeal by petitioner alone, lacked authority to increase tem

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