TITLE: PHILIPPINE HAWK CORP. v. TAN LEE G.R. No.

166869 February 16, 2010

Topic: Civil Liability Arising from Crime

PRINCIPLE: Damages for loss of earning capacity may be awarded despite the absence of
documentary evidence when: (1) the deceased is self-employed and earning less than the
minimum wage under current labor laws, in which case, judicial notice may be taken of the fact
that in the deceased's line of work no documentary evidence is available; or (2) the deceased is
employed as a daily wage worker earning less than the minimum wage under current labor
laws.

FACTS:

A bus owned by Philippine Hawk Corporation, being driven by Margarito, met an accident
involving a motorcycle and a passenger jeep. The accident caused her injuries and death of the
respondent’s husband. This prompted the respondent to file a case for damages against the
petitioner.

Another civil case for damages was filed by the respondent to seek for the payment of indemnity
for the death of Silvino Tan, moral and exemplary damages, funeral and interment expenses,
medical and hospitalization expenses, the cost of the motorcycle's repair, attorney's fees, and
other just and equitable reliefs. For the Petitioner, it asserted that it exercised the diligence of a
good father of the family in the selection and supervision of its employees, including Margarito
Avila.

ISSUE:
Whether or not petitioner is liable to respondent for damages.

HELD:

YES. The Court found the petitioner liable for damages since it failed to exercise the diligence of
a good father of the family in the selection and supervision of its bus driver for having failed to
sufficiently inculcate in him discipline and correct behavior on the road. Indeed, petitioner's tests
were concentrated on the ability to drive and physical fitness to do so. It also did not know that
Avila had been previously involved in sideswiping incidents.