GR 138296; (November, 2000) (Digest)
G.R. No. 138296 November 22, 2000
Viron Transportation Co., Inc., petitioner, vs. Alberto Delos Santos y Natividad and Rudy Samidan, respondents.
FACTS
This case originated from a quasi-delict action for damages arising from a vehicular collision on August 16, 1993, between a passenger bus owned by petitioner Viron Transportation and a cargo truck owned by respondent Rudy Samidan, driven by respondent Alberto delos Santos. The petitioner’s driver claimed the cargo truck swerved into the bus’s lane during an overtaking maneuver. Conversely, the respondents contended that the bus driver, while attempting to overtake, swerved back into the truck’s lane to avoid an oncoming bus, causing the collision. The trial court dismissed the petitioner’s complaint and upheld the respondents’ counterclaim, awarding actual, compensatory, and attorney’s fees. The Court of Appeals affirmed this decision in toto.
ISSUE
The core issues were whether the appellate court erred in: (1) finding the petitioner’s driver negligent; (2) holding the petitioner liable despite an alleged defective counterclaim; and (3) awarding unsubstantiated damages and attorney’s fees.
RULING
The Supreme Court partially granted the petition. On the first issue, the Court upheld the concurrent factual findings of the lower courts that the bus driver’s negligent attempt to overtake caused the accident. These findings, being supported by evidence, are conclusive and not subject to review. On the second issue, the Court ruled that the counterclaim sufficiently stated a cause of action. A claim based on quasi-delict under Article 2176 of the Civil Code does not require an averment of the employer’s negligence in selection and supervision; such failure is a matter of defense for the employer to prove in order to avoid vicarious liability.
Regarding damages, the Court found the award of ₱19,500 as actual damages and an additional ₱10,000 for trial expenses lacked sufficient evidentiary basis. Consequently, these were disallowed. However, recognizing that the truck undoubtedly sustained damage, the Court awarded temperate damages of ₱10,000 as a reasonable estimation pursuant to Article 2224. The award of attorney’s fees was deleted for lack of legal justification, as none of the exceptions under Article 2208 were present to warrant such recovery.