G.R. No. L-62482. April 28, 1983.
ROLANDO CORONA, petitioner, vs. HONORABLE COURT OF APPEALS, DIOSDADO POPIOCO and JAIME ONG, respondents.

FACTS

On March 9, 1969, private respondent Diosdado Popioco was driving a jeep owned by Jaime Ong along the national highway in Negros Occidental. A pick-up truck owned by petitioner Rolando Corona and driven by Roberto Pineda approached from the opposite direction. The two vehicles collided almost at the top of an elevated portion of the road. As a result of the accident, Popioco sustained serious injuries requiring hospitalization and surgery, and Ong’s jeep incurred repair costs.
The Court of First Instance of Negros Occidental ruled in favor of petitioner Corona. On appeal, the Court of Appeals reversed the trial court’s decision. The appellate court found the driver of Corona’s pick-up truck negligent, primarily based on the physical evidence of the vehicles’ positions after the collision. The jeep was found parallel on its proper lane, while the pick-up truck was positioned obliquely, practically across the road and on the wrong lane. This evidence contradicted the defense’s claim that the jeep had been on the wrong lane.

ISSUE

The core issue is whether the Court of Appeals erred in finding petitioner Corona vicariously liable for the negligence of his driver and in awarding moral damages to respondent Popioco.

RULING

The Supreme Court affirmed the liability of petitioner Corona but modified the award of moral damages. The Court upheld the factual findings of the Court of Appeals, emphasizing that it is not its function to re-evaluate evidence on appeal. The physical evidence, particularly the post-collision positions of the vehicles as shown in a photograph, conclusively established that the pick-up truck had encroached into the wrong lane, thereby proving the negligence of its driver. Under the principle of respondeat superior, the vehicle owner is civilly liable for the negligent acts of his driver committed in the course of employment.
However, the Supreme Court found the awarded moral damages of P50,000.00 to be excessive. While Popioco suffered fractures to his left femur and patella requiring surgical operations, the record contained no evidence of permanent disability, such as lameness or leg shortening, that would justify such a high amount. Consequently, the Court reduced the moral damages to P35,000.00 to make them commensurate with the injuries sustained. The rest of the appellate court’s judgment, including awards for actual damages and attorney’s fees, was affirmed.