G.R. No. L-68102 and L-68103 July 16, 1992
GEORGE MCKEE and ARACELI KOH MCKEE, petitioners, vs. INTERMEDIATE APPELLATE COURT, JAIME TAYAG and ROSALINDA MANALO, respondents. / CARMEN DAYRIT KOH, LETICIA KOH, JULIETA KOH TUQUERO, ARACELI KOH MCKEE, ANTONIO KOH and ELIZABETH KOH TURLA, petitioners, vs. INTERMEDIATE APPELLATE COURT, JAIME TAYAG and ROSALINDA MANALO, respondents.

FACTS

Two consolidated civil cases for damages based on quasi-delict arose from a vehicular accident on January 8, 1977, on Pulong Pulo Bridge along MacArthur Highway in Pampanga. A head-on collision occurred between an International cargo truck owned by private respondents Jaime Tayag and Rosalinda Manalo, driven by Ruben Galang, and a Ford Escort car driven by Jose Koh. The collision resulted in the deaths of Jose Koh, Kim Koh McKee (a minor), and Loida Bondoc (a babysitter), and physical injuries to George Koh McKee, Christopher Koh McKee, and Araceli Koh McKee, all passengers in the Ford Escort. The cargo truck was loaded with 200 cavans of rice (approx. 10,000 kilos) and traveling southbound; the car was northbound. The accident happened when two boys darted onto the road, causing Jose Koh to swerve into the opposite lane where the collision occurred. The police sketch showed the collision happened in the truck’s lane. Galang admitted to traveling at 30 miles per hour. A criminal case for Reckless Imprudence was filed against driver Galang, where he was found guilty. The civil cases for damages were initially dismissed by the trial court, which decision was reversed by the Court of Appeals, but upon reconsideration, the Court of Appeals reinstated the trial court’s dismissal and granted the respondents’ counterclaim for damages.

ISSUE

The primary issue is whether the owner of the cargo truck is liable for damages arising from quasi-delict based on the negligence of its driver.

RULING

The Supreme Court reversed the Court of Appeals’ Resolution and reinstated its earlier Decision which had reversed the trial court. The Court held the truck owner liable. The finding of negligence in the criminal case against the driver, Ruben Galang, is conclusive in the civil case for quasi-delict against the owners. The truck was overloaded, violating traffic laws, and the driver was speeding given the load and road conditions (a narrow bridge). The defense of “last clear chance” is inapplicable as the truck driver had the opportunity to avoid the accident but failed to do so. The truck driver was negligent in failing to exercise due care to avoid the accident, and this negligence is imputable to the truck owners. The award of damages on the counterclaim to the truck owners was deleted. The case was remanded to the trial court to determine the precise amounts of damages due to the petitioners.