Case Summary (G.R. No. 173180)
Factual Background
On 12 August 1994, the jitney descended a curved, downward stretch when it allegedly fell onto the shoulder, swerved into the opposite lane, and collided with the ascending tractor-trailer. Petitioners’ driver Jabon testified that the jitney zigzagged and struck his right side after he had swerved to avoid it. Respondents’ passenger Gregorio maintained that the truck encroached on their lane at excessive speed, causing the impact that killed and injured numerous passengers.
Procedural Posture
Respondents filed a damage suit in the Regional Trial Court (RTC) of Antipolo on 14 November 1994, alleging negligence by petitioners and seeking indemnities, moral and exemplary damages, and litigation costs. The RTC dismissed the complaint on 7 February 2000, crediting Jabon’s version and upholding an Affidavit of Desistance executed by Cynthia Pomasin. The Court of Appeals reversed in 2006, finding Jabon’s speed—contrary to his license restrictions—reckless and holding Tison liable for negligent hiring. Petitioners thereafter filed this petition for review.
Issue on Fault and Credibility
At the core is which driver’s negligence caused the collision. The factual determination hinges on the credibility and vantage point of a driver versus a passenger. The RTC found Jabon’s continuous focus and clear testimony more credible than Gregorio’s shifting statements. The CA gave greater weight to Gregorio’s account and drew an inference of speeding from the severity of damage.
Applicable Law under the 1987 Constitution
Because the decision date is post-1990, the 1987 Constitution governs. Liability for quasi-delict rests on Article 2176 of the Civil Code: fault or negligence, damage, and causal link. Article 2185 creates a presumption of negligence upon violation of traffic regulations, but jurisprudence (Sanitary Steam Laundry, AAonuevo) requires proof that the violation proximately caused the harm.
Trial Court’s Finding of Negligence
The RTC emphasized the split-second nature of vehicular collisions and the driver’s superior observational opportunity. It noted Gregorio’s original description of a downward curve aligned with Jabon’s testimony of an ascending truck meeting a descending jitney. Gregorio’s later claim that the jitney was uphill and the truck fell into their lane was deemed inconsistent. The court concluded Laarni’s loss of control, not Jabon’s conduct, was the proximate cause.
Court of Appeals’ Contrary Conclusion
The CA inferred negligence from the impact’s gravity and noted Jabon’s license restrictions. It held that petitioners failed to prove due diligence in supervising him. It also invalidated Cynthia’s Affidavit of Desistance for lack of written authority and capacity, ordering partial awards to respondents.
Supreme Court Analysis and Reconciliation of Findings
Under settled rules, appellat
...continue readingCase Syllabus (G.R. No. 173180)
Factual Background
- On 12 August 1994, along Maharlika Highway in Barangay Agos, Polangui, Albay, a collision occurred between a tractor-trailer owned by Albert Tison and driven by Claudio Jabon, and a jitney driven by Laarni Pomasin.
- Laarni’s father, Gregorio Pomasin, was seated as passenger on the jitney’s front right seat; he later gave one version of events.
- Jabon, the tractor-trailer driver, gave a conflicting account of how the jitney ran off the shoulder, zigzagged, and struck the truck’s left fender.
- The impact caused multiple fatalities and injuries among jitney passengers; Gregorio and other occupants of both vehicles sustained injuries.
Initial Assistance and Affidavit of Desistance
- Albert Tison immediately provided each respondent P1,000 and gave Cynthia Pomasin P200,000.00.
- Cynthia executed an Affidavit of Desistance in favor of petitioners following the disbursement.
Complaint and Counterclaims
- On 14 November 1994, respondents filed a complaint for damages before the RTC of Antipolo, alleging negligence on petitioners’ part.
- They prayed for:
• P50,000.00 civil indemnity per heir of deceased passengers
• P500,000.00 for hospitalization, medical, and burial expenses
• P350,000.00 for continuing medical expenses of Spouses Pomasin
• P1,000,000.00 moral damages and P250,000.00 exemplary damages
• P30,000.00 loss of income (Cynthia), P100,000.00 attorney’s fees plus P1,000.00 per court appearance, P50,000.00 litigation expenses, and costs - Petitioners answered that Laarni’s negligence caused the accident, and maintained that Cynthia had authority to settle; they counterclaimed for damages.
- A motion to dismiss based on Cynthia’s Affidavit of Desistance was denied by the RTC.
RTC Decision
- On 7 February 2000, the RTC dismissed the complaint, holding that:
• The plaintiffs had au