Travel & Tours Advisers v. Cruz
REITERATIONFacts
The Antecedents: Respondent Edgar Hernandez was driving his jeepney when it was bumped from behind by a bus owned by petitioner Travel & Tours Advisers, Inc. and driven by Edgar Calaycay. The collision caused the jeepney to ram into an acacia tree, resulting in the death of Alberto Cruz, Jr. and serious physical injuries to Virginia Muñoz. Procedural History: Respondents filed a complaint for damages against Edgar Calaycay and petitioner. The RTC found petitioner jointly and solidarity liable. The CA affirmed with modifications. The Supreme Court denied for review on certiorari but modified the CA decision regarding damages and liability. The Petition: Petitioner assailed the CA decision, raising issues on whether its bus was out of line, whether the jeepney driver was negligent, the position of the deceased passenger, the bus driver's speed, the petitioner's exercise of extraordinary diligence, and the basis for the monetary awards.
Issue(s)
Whether the petitioner's bus was "out of line" at the time of the incident. Whether the bumping of the jeepney's rear portion proves the bus driver's negligence. Whether the deceased passenger, Alberto Cruz, Jr., was positioned at the running board of the jeepney, and whether the jeepney was overloaded. Whether the bus driver was speeding or negligent in failing to stop. Whether the petitioner exercised extraordinary diligence of a good father of a family in the selection and supervision of its driver. Whether there is a factual and legal basis for the various awards of monetary damages, and the application of contributory negligence.
Ruling
The Supreme Court denied the petition for review on certiorari but modified the decision of the Court of Appeals. The petitioner and its driver, Edgar Calaycay, were ordered to jointly and severally pay specific amounts as actual damages, civil indemnity, and moral damages to the heirs of Alberto Cruz, Jr. and to Virginia Muñoz. Respondent Edgar Hernandez was also ordered to pay specific amounts to the heirs of Alberto Cruz, Jr. and to Virginia Muñoz. Petitioner and Edgar Hernandez were also ordered to pay a portion of the cost of litigation. The award for attorney's fees was deleted.
Ratio Decidendi
On the issue of whether the petitioner's bus was "out of line": The Court found that while the bus veered from its usual route to avoid heavy traffic, this did not constitute being "out of line" as it remained within the scope of its provincial operation franchise. However, the jeepney was found to be traversing a road out of its allowed route, making Article 2185 of the Civil Code applicable as a presumption of negligence against the jeepney driver. Despite this presumption, the Court found that the proximate cause of the collision was the negligence of the petitioner's bus driver. On the issue of whether the bumping of the jeepney's rear portion proves the bus driver's negligence: The Court reiterated the jurisprudence that drivers of vehicles who bump the rear of another vehicle are presumed to be the cause of the accident due to their control over the situation. The testimony of the bus conductor that the jeepney "suddenly appeared" and was hit on its left rear side was found to be inconsistent with the physical evidence of the damage to the jeepney, which showed the impact was on the rear left portion. This inconsistency, coupled with the fact that the bus driver failed to overturn the presumption, led the Court to conclude that the bus driver's negligence was the proximate cause. On the issue of the deceased passenger's position and overloading: The Court found no evidence that the deceased passenger, Alberto Cruz, Jr., was clinging to the back of the jeepney or that the jeepney was overloaded. The testimony of Virginia Muñoz indicated only 16 passengers, which was within the jeepney's seating capacity. The testimony of the conductor, Francisco Tejada, regarding passengers clinging to the back was deemed not credible as he admitted he did not actually see what happened. On the issue of the bus driver's speed and negligence: The Court inferred from the extent of the damage to the jeepney and its subsequent collision with an acacia tree that the bus was running very fast. The conductor's admission that the driver "could not suddenly apply the break (sic) in full stop because our bus might turn turtle" further indicated excessive speed and an inability to control the vehicle, which is indicative of imprudent behavior. On the issue of the petitioner's exercise of diligence: The Court found that the petitioner failed to prove it exercised the diligence of a good father of a family in the selection and supervision of its driver, Edgar Calaycay. Specifically, the petitioner could not present records showing Calaycay underwent the required seminars and examinations, and crucially, admitted that Calaycay did not submit all the required clearances upon employment. The claim that seminars were only compulsory for drivers "presently in Manila" also weakened the petitioner's defense. On the issue of damages and liability: The Court applied the principle of contributory negligence, finding that while the bus driver's negligence was the proximate cause, the jeepney driver's violation of his route constituted contributory negligence. Consequently, the damages awarded were mitigated by 50% for the heirs of Alberto Cruz, Jr. and for Virginia Muñoz, with the remaining 50% to be borne by the jeepney driver. The award for actual damages for the death of Alberto Cruz, Jr. was modified due to lack of sufficient proof of expenses. The award for loss of earning capacity was maintained at the CA's amount as the heirs did not appeal it. The award for attorney's fees was deleted for lack of factual and legal basis.
Main Doctrine
An employer is liable for the damages caused by the negligence of its employee acting within the scope of their assigned tasks, unless the employer can prove it exercised the diligence of a good father of a family in the selection and supervision of said employee. In cases of contributory negligence, damages shall be mitigated.