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Vergara Vs CA GR No. 77679
Vergara Vs CA GR No. 77679
77679
Facts:
An action for damages was filed due to vehicular accident occurred on
August 5, 1979, when Martin Belmonte, while driving a cargo truck
belonging to petitioner Vicente Vergara, rammed “head on” the store-
residence of private respondent Amadeo Azarcon, causing damages assessed
at Php53,024.22.
In his answer to the complaint, the petitioner alleged principally: "that his
driver operated said cargo truck in a very diligent and careful manner; that
the steering wheel refused to respond to his effort and as a result of a
blown-out tire and despite application of his brakes, the said cargo truck hit
the store-residence of plaintiff (private respondent) and that the said
accident was an act of God for which he cannot be held liable"
The trial court rendered decision in favor of private respondent ordering the
petitioner to pay, jointly and severally with Traveller’s Insurance and Surety
Corporation, the following: (a) Php53,024.22 as actual damages; (b)
Php10,000.00 as moral damages; (c) Php10,000.00 as exemplary damages;
and (d) the sum of Php5,000.00 for attorney's fees and the costs. The
insurance company was sentenced to pay to the petitioner the following: (a)
Php50,000.00 for third party liability under its comprehensive accident
insurance policy; and (b) Php3,000.00 for and as attorney's fees. The Court
of Appeals affirmed the decision in toto; hence, this instant petition for
certiorari.
Issue:
Whether the petitioner is guilty of quasi-delict
Held:
The petitioner is guilty of quasi-delict.