Professional Documents
Culture Documents
*
G.R. No. 150157. January 25, 2007.
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* THIRD DIVISION.
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final judgment that the fact from which the civil might arise did
not exist), said acquittal closes the door to civil liability based on
the crime or ex delicto. In this second instance, there being no
crime or delict to speak of, civil liability based thereon or ex
delicto is not possible. In this case, a civil action, if any, may be
instituted on grounds other than the delict complained of.
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both. The liability of the employer under Article 2180 is direct and
immediate; it is not conditioned upon prior recourse against the
negligent employee and a prior showing of the insolvency of such
employee. Therefore, it is incumbent upon the private
respondents to prove that they exercised the diligence of a good
father of a family in the selection and supervision of their
employee.
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do. The lack of supervision can further be seen by the fact that
there is only one set of manual containing the rules and
regulations for all the drivers of PRBLI. How then
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CHICO-NAZARIO, J.:
1
Assailed before Us is the decision of the Court of Appeals
in CA-G.R.
2
CV No. 55909 which affirmed in toto the
decision of the Regional Trial Court (RTC) of Dagupan
City, Branch 42, in Civil Case No. D-10086, finding
petitioners Mauricio Manliclic and Philippine Rabbit Bus
Lines, Inc. (PRBLI) solidarily liable to pay damages and
attorney’s fees to respondent Modesto Calaunan.
The factual antecedents are as follows:
The vehicles involved in this case are: (1) Philippine
Rabbit Bus No. 353 with plate number CVD-478, owned by
petitioner PRBLI and driven by petitioner Mauricio
Manliclic; and (2) owner-type jeep with plate number PER-
290, owned by respondent Modesto Calaunan and driven by
Marcelo Mendoza.
At around 6:00 to 7:00 o’clock in the morning of 12 July
1988, respondent Calaunan, together with Marcelo
Mendoza, was on his way to Manila from Pangasinan on
board his owner-type jeep. The Philippine Rabbit Bus was
likewise bound for Manila from Concepcion, Tarlac. At
approximately Kilometer 40 of the North Luzon
Expressway in Barangay Lalangan, Plaridel, Bulacan, the
two vehicles collided. The front right side of the Philippine
Rabbit Bus hit the rear left
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7 Exh. “E-4.”
8 Exhs. “A” to “H,” with submarkings.
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“The parties differed only on the manner the collision between the
two (2) vehicles took place. According to the plaintiff and his
driver, the jeep was cruising at the speed of 60 to 70 kilometers
per hour on the slow lane of the expressway when the Philippine
Rabbit Bus overtook the jeep and in the process of overtaking the
jeep, the Philippine Rabbit Bus hit the rear of the jeep on the left
side. At the time the Philippine Rabbit Bus hit the jeep, it was
about to overtake the jeep. In other words, the Philippine Rabbit
Bus was still at the back of the jeep when the jeep was hit.
Fernando Ramos corroborated the testimony of the plaintiff and
Marcelo Mendoza. He said that he was on another jeep following
the Philippine Rabbit Bus and the jeep of plaintiff when the
incident took place. He said, the jeep of the plaintiff overtook
them and the said jeep of the plaintiff was followed by the
Philippine Rabbit Bus which was running very fast. The bus also
overtook the jeep in which he was riding. After that, he heard a
loud sound. He saw the jeep of the plaintiff swerved to the
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9 Exh. “19”.
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12 Records, p. 456.
13 Id., at p. 459.
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II
III
IV
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14 CA Rollo, p. 193.
15 Rollo, pp. 59-62, 88.
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parties and subject matter, may be given in evidence against the adverse
party who had the opportunity to cross-examine him.
22 Samalio v. Court of Appeals, G.R. No. 140079, 31 March 2005, 454
SCRA 462, 470.
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23 Philippine Rabbit Bus Lines, Inc. v. People, G.R. No. 147703, 14 April
2004, 427 SCRA 456, 471.
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24 Tison v. Court of Appeals, G.R. No. 121027, 31 July 1997, 276 SCRA
582.
25 Top-Weld Manufacturing, Inc. v. ECED, S.A., G.R. No. 44944, 9
August 1985, 138 SCRA 118.
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29 People v. Martinez, G.R. No. 116918, 19 June 1997, 274 SCRA 259,
272.
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“To the following findings of the court a quo, to wit: that accused-
appellant was negligent “when the bus he was driving bumped
the jeep from behind;” that “the proximate cause of the accident
was his having driven the bus at a great speed while closely
following the jeep;” x x x We do not agree.
The swerving of Calaunan’s jeep when it tried to overtake the
vehicle in front of it was beyond the control of accused-appellant.
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Absent evidence of negligence, therefore, accused-appellant
cannot be held liable for Reckless Imprudence Resulting in
Damage to Property with Physical 32
Injuries as defined in Article
365 of the Revised Penal Code.”
“(b) Extinction of the penal action does not carry with it extinction
of the civil, unless the extinction proceeds from a declaration in a
final judgment that the fact from which the civil might arise did
not exist.”
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33 Elcano v. Hill, G.R. No. L-24803, 26 May 1977, 77 SCRA 98, 106.
34 Andamo v. Intermediate Appellate Court, G.R. No. 74761, 6
November 1990, 191 SCRA 195, 203-204.
35 Heirs of the Late Guaring, Jr. v. Court of Appeals, 336 Phil. 274, 279;
269 SCRA 283, 288 (1997).
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36 McKee v. Intermediate Appellate Court, G.R. No. 68102 and No. 68103, 16
July 1992, 211 SCRA 517, 536.
37 Castillo v. Court of Appeals, G.R. No. 48541, 21 August 1989, 176 SCRA 591,
598.
38 Pilipinas Shell Petroleum Corporation v. John Bordman Ltd. of Iloilo, Inc.,
G.R. No. 159831, 14 October 2005, 473 SCRA 151, 162.
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the incident. His attempt to veer away from the truth was also
apparent when it would be considered that in his statement given
to the Philippine Rabbit Investigator CV Cabading (Exh. “15”), he
alleged that the Philippine Rabbit Bus bumped the jeep of
Calaunan while the Philippine Rabbit Bus was behind the said
jeep. In his testimony before the Regional Trial Court in Malolos,
Bulacan as well as in this Court, he alleged that the Philippine
Rabbit Bus was already on the left side of the jeep when the
collision took place. For this inconsistency between his statement
and testimony, his explanation regarding the manner of how the
collision between the jeep and the bus took place should be
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39 Sigaya v. Mayuga, G.R. No. 143254, 18 August 2005, 467 SCRA 341, 352-353.
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Employers shall be liable for the damages caused by their employees
and household helpers acting within the scope of their assigned tasks,
even though the former are not engaged in any business or industry.
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The responsibility treated of in this article shall cease when the
persons herein mentioned prove that they observed all the diligence of a
good father of a family to prevent damage.
43 Dulay v. Court of Appeals, 313 Phil. 8, 23; 243 SCRA 220, 230 (1995).
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47 Exhs. “C” to “C-4” and “F.” Records, pp. 232-236, 288. Article 2219
(2), Civil Code.
48 Kapalaran Bus Line v. Coronado, G.R. No. 85331, 25 August 1989,
176 SCRA 792, 803.
49 Article 2229, Civil Code.
50 Tiu v. Arriesgado, G.R. No. 138060, 1 September 2004, 437 SCRA
426, 451; Philtranco Service Enterprises, Inc. v. Court of Appeals, G.R. No.
120553, 17 June 1997, 273 SCRA 562, 574-575.
51 Article 2208 (1), (2) and (5), Civil Code.
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