G.R. No.

148974 : July 2, 2010

OMC CARRIERS, INC and JERRY AÑALUCAS y PITALINO, Petitioners,

vs. SPOUSES ROBERTO C. NABUA and ROSARIO T. NABUA, Respondents.

FACTS:

On August 4, 1995, at about 3:00 pm, an Isuzu private tanker with plate no. PCH 612, owned by and
registered in the name of petitioner OMC Carriers, Inc. and then being driven by its employee Jerry P.
Añalucas, was cruising along Quirino Highway towards the general direction of Largo, Quezon City. At
Barangay Pasong Putik, Novaliches, Quezon City, the aforesaid private tanker hit a private vehicle, an
Isuzu Gemini with plate no. NDF 372, which was making a left turn towards a nearby Caltex Gasoline
station. The impact heavily damaged the right side portion of the latter motor and mortally injured its
18-year-old driver, Reggie T. Nabua, who was later pronounced dead on arrival at the Fairview
Polymedic Hospital.

Respondent spouses Berlino and Rosario Nabua, the parents of the victim, filed a Complaint for
damages against petitioners and the General Manager of OMC Carriers, Chito Calauag, before the RTC of
Quezon City, Branch 224. On January 19, 1998, the RTC rendered a decision of which was in favor of the
plaintiffs. The petitioners then appealed the RTC Decision to the CA. On December 28, 1999, the CA
rendered a decision which affirmed the decision of the RTC with modifications.

ISSUES: (1) WON the OMC Carriers, Inc demonstrated the diligence of good father of a family.

(2) WON the Court of Appeals erred when it affirmed the RTC’s award of ₱60, 000.00 as death
indemnity and ₱100,000.00 as moral damages. In addition that the award of attorney’s fees was
without legal basis.

RULING:

(1) No. the defendant company failed to produce in court any record or other documentary proof
tending to establish that it had exercised all the diligence of a good father of a family in the
selection and supervision of its drivers and buses, notwithstanding the calls therefore by both
the trial court and the opposing counsel, argues strongly against its pretensions.
(2) Death indemnity has been fixed by jurisprudence at ₱50,000.00. Hence, the amount awarded by
the RTC and the CA must be reduced accordingly. On the issue of moral damages, prevailing
jurisprudence fixes moral damages of ₱50,000.00 for death. The rule on the award of attorney’s
fees is that there must be a justification for the same. On this note, after reading through the
text of the CA decision, this Court finds that the same is bereft of any findings of fact and law to
justify the award of attorney’s fees.