G.R. No. L-26810, August 31, 1970
Rosario Santos Vda. De Bonifacio, Virginia Bonifacio, Rosalinda Bonifacio, Romeo Bonifacio, Zenaida Bonifacio, Generoso Bonifacio, Andres Bonifacio, Jose Bonifacio, Jovito Bonifacio, Jr., Corazon Bonifacio, Alberto Concepcion, Agustin Angeles and Elisa Angeles, Plaintiffs-Appellees, v. B. L. T. Bus Co., Inc., as Successors of Laguna Tayabas Bus Company and Sergio de Luna, Defendants-Appellants.

FACTS

On February 27, 1964, at about 5:20 a.m., a Mercedes Benz car driven by plaintiff Alberto Concepcion, with passengers Jovito Bonifacio, Sr., Rosario Santos Vda. de Bonifacio, and Agustin Angeles, was traveling on its right lane towards Los Baños, Laguna, at about 30 miles per hour on a wet and slippery road. While passing a parked cargo truck on the opposite (left) lane, an oncoming Laguna Tayabas Bus Company (LTB) bus, driven by defendant Sergio de Luna and loaded with about 40 passengers, suddenly swerved to its left into the Mercedes Benz’s lane and collided with it. The impact killed Jovito Bonifacio, Sr. instantly and seriously injured the other occupants. De Luna was criminally charged and convicted, but his appeal was pending. Plaintiffs filed a separate civil action for damages. The trial court found the bus driver negligent and held both him and the bus company (B.L.T. Bus Co., Inc., as successor) jointly and severally liable for damages totaling P240,905.72. Defendants appealed.

ISSUE

1. Who between the drivers of the colliding vehicles was at fault?
2. Is the employer of the guilty driver responsible for the fault of the latter?
3. Are the damages awarded reasonable?

RULING

1. The proximate cause of the accident was the negligence of the LTB bus driver, Sergio de Luna. He was driving fast on a dark, rainy, and slippery road, failed to keep a proper lookout, and did not slacken his pace. When he saw the parked truck, he slammed his brakes, causing the bus to skid into the opposite lane. His claim that he had stopped and was hit by the car was belied by his prior sworn statement and the physical improbability that a stationary, larger bus could be turned around by a smaller car. The driver of the Mercedes Benz, Alberto Concepcion, was not negligent. He was properly proceeding on his right lane and was entitled to assume the oncoming bus would stay in its lane. His speed was not the proximate cause of the collision.
2. Yes, the employer, B.L.T. Bus Co., Inc., is liable for the damages caused by its employee, de Luna, under Article 2180 of the Civil Code. The company failed to prove it exercised the diligence of a good father of a family in the selection and supervision of its driver. Its evidence of safety programs and procedures was insufficient to overcome the presumption of negligence on its part.
3. Yes, the damages awarded were reasonable. The court affirmed the awards for actual damages (including loss of earning capacity, medical expenses, funeral costs, and property damage), moral damages for shock and anguish, exemplary damages, and compensatory damages for permanent disability. The grant of 6% interest per annum from the filing of the complaint was also proper under Article 2211 of the Civil Code. The trial court’s denial of the defendants’ counterclaim for attorney’s fees was correct given the finding of their negligence. The appellants’ claim of trial judge bias due to a classmate relationship with plaintiffs’ counsel was not a legal ground for disqualification and no proof of actual bias was shown.
The appealed decision was affirmed.