Apolinario v. Heirs of De Los Santos
REITERATIONFacts
1. The Antecedents: On July 4, 1998, a 16-year-old student, Rico Villahermosa, under the instruction and supervision of his school principal, Gil Apolinario, was cutting down a banana plant on the side of Maharlika Highway. The plant fell and struck Francisco De Los Santos, who was riding his motorcycle on the highway. Francisco sustained head injuries and subsequently died on July 8, 1998. His death certificate listed "post-traumatic brain swelling" and "diffuse cerebral contusion" as the causes. The heirs of Francisco filed a complaint for damages against Apolinario and Rico's mother, Teresita Villahermosa, alleging negligence on the part of Apolinario for failing to take necessary precautions and asserting that the combined negligence of Rico and Apolinario was the proximate cause of Francisco's death. The heirs claimed various damages, including expenses for hospitalization, funeral, loss of expected income, moral damages, exemplary damages, and attorney's fees. 2. Procedural History: The Regional Trial Court (RTC) found Gil Apolinario liable for damages and ordered him to pay the heirs of Francisco De Los Santos PHP 25,000.00 in temperate damages, PHP 428,880.00 for unearned income, PHP 50,000.00 as civil indemnity, PHP 50,000.00 as moral damages, PHP 20,000.00 as exemplary damages, PHP 50,000.00 for attorney's fees, and PHP 5,000.00 for litigation expenses. The RTC reasoned that Apolinario was primarily liable as he directed Rico, a minor, to cut the plant without proper precautions. Apolinario appealed this decision to the Court of Appeals (CA). The CA affirmed Apolinario's negligence and liability but modified the RTC's award by deleting the exemplary damages and attorney's fees. Apolinario's motion for reconsideration was denied. Consequently, Apolinario filed the present petition. 3. The Petition: Gil Apolinario filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court, assailing the decision and resolution of the Court of Appeals. Apolinario argues that the award for loss of earning capacity should be deleted because the heirs failed to present documentary evidence to prove Francisco's loss of earning capacity. He also contends that he should not be held liable for Teresita's subsidiary liability, especially since Rico was not impleaded as a defendant and Teresita was also a defendant. The Supreme Court considered the issues of Apolinario's principal liability to the exclusion of Teresita and the validity of the award for loss of earning capacity. The Court found that while Apolinario was vicariously liable as the teacher-in-charge, the award for loss of earning capacity was not sufficiently proven by documentary evidence and thus deleted it, awarding temperate damages in lieu thereof.
Issue(s)
Whether Gil Apolinario is principally liable for damages to the Heirs of Francisco De Los Santos, to the exclusion of Teresita. Whether the award of PHP 428,880.00 for loss of earning capacity is in accordance with law and jurisprudence.
Ruling
The petition is partly granted. The Court affirmed Apolinario's liability for damages but modified the award for loss of earning capacity. Apolinario is ordered to pay temperate damages, civil indemnity, moral damages, and litigation expenses.
Ratio Decidendi
On the liability of Apolinario and Teresita: The Court affirmed the findings of the RTC and CA that Apolinario was negligent. As the principal who supervised the activity and directly instructed Rico, a minor, to cut the banana plant without adequate precautions, Apolinario failed to exercise the diligence of a good father of a family. His liability stems from Article 2176 in relation to Article 2180 of the Civil Code. The Court emphasized that Apolinario's responsibility did not cease even if there were no classes. The Court ruled that Teresita, Rico's mother, could not be held liable in this proceeding because she was not a party to the proceedings before the Supreme Court, and a judgment cannot bind a person who has not been afforded due process. On the award for loss of earning capacity: The Court deleted the award of PHP 428,880.00 for loss of earning capacity. It held that such awards require proof, and the Heirs failed to present documentary evidence to establish Francisco's gross annual income. Testimonial evidence alone, without corroboration, is insufficient. The RTC's act of taking judicial notice of Francisco's salary as a Sangguniang Bayan member was deemed erroneous, as the income of local government officials is not a matter of public knowledge.
Main Doctrine
A teacher-in-charge is vicariously liable for the tortious acts of pupils under their custody, provided the teacher failed to exercise the diligence of a good father of a family to prevent damage. Awards for loss of earning capacity require proof, and judicial notice of income is not proper for local government officials without proper substantiation.