GR 111127; (July, 1996) (Digest)
G.R. No. 111127 July 26, 1996
MR. & MRS. ENGRACIO FABRE, JR. and PORFIRIO CABIL, petitioners, vs. COURT OF APPEALS, THE WORD FOR THE WORLD CHRISTIAN FELLOWSHIP, INC., et al., respondents.
FACTS
Petitioners Engracio Fabre, Jr. and his wife owned a Mazda minibus operated for school transport. They hired Porfirio Cabil as their driver. On November 2, 1984, private respondent Word for the World Christian Fellowship, Inc. (WWCF) contracted petitioners for a trip to La Union. While driving the group, Cabil, unfamiliar with the route due to a detour, encountered a sharp curve on a rainy night. The bus, traveling at 50 kph, skidded, hit roadside objects, and overturned, causing injuries to passengers.
Respondent Amyline Antonio suffered severe spinal injuries resulting in permanent paraplegia. She underwent multiple operations and treatments. The Fabres compensated a property owner for fence damage. Antonio filed a civil case for damages against the Fabres and Cabil in the Makati RTC, which found negligence and awarded damages. The Court of Appeals affirmed but modified the damages and dismissed claims of other plaintiffs for lack of proof.
ISSUE
Whether petitioners are jointly and severally liable for damages arising from the vehicular accident based on the negligence of their employee-driver.
RULING
Yes, petitioners are solidarily liable. The Supreme Court affirmed the findings of negligence. The legal logic rests on Article 2180 of the Civil Code, which establishes the vicarious liability of employers for damages caused by their employees acting within the scope of their assigned tasks. Here, Cabil was driving the bus in the course of his employment for the contracted trip. His negligence is evident: he failed to exercise the extraordinary diligence required of common carriers, driving too fast for the rainy and unfamiliar road conditions, which directly caused the accident. The Fabres, as employers and operators of a common carrier, failed to rebut the presumption of negligence in the selection and supervision of their driver. The Court reinstated the trial court’s award, emphasizing that the liability of employers under Article 2180 is direct and solidary with the negligent employee. The award of P500,000 for loss of earning capacity was reinstated as sufficiently established, while moral and exemplary damages were justified by the grievous nature of Antonio’s permanent injuries and the need to deter future negligence.