GR 138478; (November, 2002) (Digest)
G.R. No. 138478 . November 26, 2002.
PACIFIC AIRWAYS CORPORATION, ARQUE MAMING and JORBIN TOLENTINO, petitioners, vs. JOAQUIN TONDA, respondent.
FACTS
On January 11, 1991, respondent Joaquin Tonda purchased a package tour for nine persons from petitioner Pacific Airways Corporation (PACO) for a trip to Boracay. On January 21, 1991, while at PACO’s airstrip in Caticlan for their return flight, an incident occurred. Petitioner Arque Maming, a PACO employee, shouted at Tonda’s wife during the weighing process. Later, when Mrs. Tonda presented their receipts as tickets, Maming shouted again that they were not tickets. When Tonda intervened, telling Maming not to talk to his wife in that manner, Maming pushed Tonda and uttered vulgar words. Petitioner Jorbin Tolentino, another PACO employee, then punched Tonda in the right eye, causing it to bleed. Maming also slashed Tonda’s left shoulder with a sharp instrument, causing a laceration. Tonda sought medical treatment in Manila. His extrajudicial demand for damages from PACO was ignored, compelling him to file a complaint. The trial court found petitioners liable and awarded damages. The Court of Appeals affirmed the decision.
ISSUE
Whether the Court of Appeals erred in affirming the trial court’s decision which found petitioners liable for damages based on factual findings and the appreciation of evidence.
RULING
The petition is unmeritorious. The Supreme Court denied the petition and affirmed the Court of Appeals’ decision with modification. The Court held that the petition involved questions of fact, which are not reviewable in a petition for review on certiorari under Rule 45. The findings of fact of the trial court, affirmed by the Court of Appeals, are accorded finality as they are supported by the evidence on record. Petitioner PACO is liable for the negligence (quasi-delict) of its employees, Maming and Tolentino, pursuant to Articles 2180 and 2176 of the Civil Code. The employees’ acts were characterized as “wanton, reckless and oppressive.” The awards for actual damages (P1,000) and moral damages (P100,000) were affirmed. The award for exemplary damages was increased from P50,000 to P100,000 due to the particular obnoxiousness of petitioners’ behavior. The award for attorney’s fees (P50,000) was also affirmed as respondent was compelled to litigate.